Dealings with the Dead, Volume 1 (of 2)

by Lucius M. Sargent

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.