Just then a distant steam whistle struck upon the ear, which Martin, undoubtedly, mistook, for cock-crowing—for his lamp was extinguished, in an instant, and he vanished.
If my confidence in dreams needed any confirmation, nothing more could be required, than a careful comparison of many of these incidents, with the statements, in the history of King’s Chapel, published by the late, amiable Rector, seventeen years ago. A copy is, at this moment, beneath my eye; and, upon the fly leaf, in the author’s own hand writing, under date Jan. 1, 1843, I read—“Presented to Martin Smith, for many years, a sexton of this church, from his friend F. W. P. Greenwood.” Aye; every one was the friend of good old Martin Smith. Here, deposited among the leaves of this book, is an order, from that excellent man, my honored friend, Colonel Joseph May, then junior warden. It bears date “Saturday, 18 June, 1814.” It is laconic, and to the point. “Toll slow!” This also is subscribed “Your friend.”
Yes, every one was the friend of Martin Smith. He was a spruce, little, old man—especially at Christmas.
No. LXXIX.
Nothing can be more entirely unfounded, than the popular notion, that circumstantial evidence is an inferior quality of proof. The most able writers, on the law of evidence, have always maintained the contrary.
Sir William Blackstone and Sir Matthew Hale, it is true, have expressed the very just and humane opinion, that circumstantial evidence should be weighed with extreme caution; and the latter has expressly said, that, in trials, for murder and manslaughter, no conviction ought ever to be had, until the fact is clearly proven, or the body of the person, alleged to have been killed, has been discovered; for he stated, that two instances had occurred, within his own knowledge, in which, after the execution of the accused, the persons, supposed to have been murdered, had reäppeared alive.
Probably, one of the most extraordinary cases of fatal confidence in circumstantial evidence, recorded, in the history of British, criminal jurisprudence, is that, commonly referred to, as the case of “Hayes and Bradford.” In that case, a murder was certainly committed; the body of the murdered man was readily found; the murderer escaped; and, after many years, confessed the crime, in a dying hour; and another person, who had designed to commit the murder, but found his intended victim, already slain, was arrested, as the murderer; and, after an elaborate trial, suffered for the crime, upon the gallows.
There is a case in the criminal jurisprudence of our own country, in all its strange particulars, far surpassing the British example, to which I have referred; and attended by circumstances, almost incredible, were the evidence and vouchers less respectable, than they are. I refer to the case of Stephen and Jesse Boorn, who were tried, for the murder of Russell Colvin, and convicted, before the Supreme Judicial Court of the State of Vermont, in October, 1819. In this remarkable case, it must be observed, that the Judges appeared to have acted, in utter disregard of that merciful caution of Sir Matthew Hale, to which I have alluded; and that these miserable men were rescued, from their impending fate, in a most remarkable manner.