These men, imprisoned in May, 1819, were not tried, until October of that year. The evidence, upon which they were convicted of murder, in the first degree, lies now before me, certified up to the General Assembly of the State of Vermont, upon their request, by Judge Dudley Chace, Nov. 11, 1819. Let us now turn from on dits, and dreams, and ghosts, and doubtful relics, to the duly certified testimony, upon which these men were sentenced to be hung.
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.