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.
No. LXXXII.
Sentenced, on the last day of October, 1819, to be hung, on the 28th of January following, the Boorns were remanded to their prison, and put in irons.
From this period, their most authentic and interesting prison history is obtained, from the written statement of the clergyman, who appears to have performed his sacred functions, in regard to these men, with singular fidelity and propriety. This clergyman, the Rev. Lemuel Haynes, belonged to that class of human beings, commonly denominated colored people—a term, to which I have always sturdily objected, because drunkards, who are often a highly-colored people, may thus be confounded with temperate and respectable men of African descent.
[2]Mr. Haynes was, in part, of African parentage; and the author of the narrative, and occasional sermon, to which I have referred, at the commencement of these articles. There flourished, in this city, some five and thirty years ago, a number of very respectable, negro musicians, associated, as a band; and Major Russell, the editor of the Centinel, was in the habit of distinguishing the music, by the color of the performers. He frequently remarked, in his journal, that the “black music” was excellent. If this phraseology be allowable, I cannot deny, that the black, or colored, narrative of Mr. Haynes is very interesting; and that I have seldom read a black or colored discourse, with more satisfaction; and that I have read many a white one, with infinitely less.