Dealings With The Dead Volume I Part 30

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 doc.u.ment 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 pet.i.tion 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--sc.r.a.ped 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 pet.i.tion 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 pa.s.sing 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. Lx.x.xII.

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 cla.s.s of human beings, commonly denominated _colored people_--a term, to which I have always st.u.r.dily 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, a.s.sociated, 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.

[2] The editor of the New York Sun, _under date, Jan. 25, 1850_, says--"Yesterday, we were waited on, by the Rev. Lemuel Haynes, of this city, the person, who, convinced of the innocence of the condemned parties, aided in finding the man, supposed to be murdered."--The Sun must have been under a total eclipse. This very worthy man, the Rev. Lemuel Haynes, who figured, honorably for himself, in the affair of the Boorns, was born July 18, 1753, and died Sept. 28, 1833, at the age of 80--as the gentleman, who conducts the chariot of the Sun, will discover, by turning to Cooley's "Sketches of the life and character of the Rev. Lemuel Haynes, N. Y. 1839," p. 312.

Some dark object must have pa.s.sed before the editor's eye.

Previously to their trial, and after the arrest of Stephen, the Rev. Mr.

Haynes expressly states, that Jesse, having had an interview with Stephen, positively denied his own former statement, that Stephen had admitted he killed Colvin. These are the words of Mr. Haynes--"During the interval, the writer frequently visited them, in his official capacity; and did not discover any symptoms of compunction; but they persisted, in declaring their innocence, with appeals to Heaven. Stephen, at times, appeared absorbed in pa.s.sion and impatience. One day, I introduced the example of Christ, under sufferings, as a pattern, worthy of imitation: he exclaimed--'I am as innocent, as Jesus Christ!' for which extravagant expression I reproved him: he replied--'I don't mean I am guiltless, as he was, I know I am a great sinner; but I am as innocent of killing Colvin, as he was.'"

The condition of the Boorns, immediately after sentence, cannot be more forcibly exhibited, than in the language of this worthy clergyman--"None can express the confusion and anguish, into which the prisoners were cast, on hearing their doom. They requested, by their counsel, liberty to speak, which was granted. In sighs and broken accents, they a.s.serted their innocence. The convulsion of nature, attending Stephen, at last, was so great, as to render him unable to walk, and he was supported to the prison."

Compa.s.sion was excited, in the hearts of some--doubts, peradventure, in the minds of others. A pet.i.tion was presented to the General a.s.sembly; and the punishment of Jesse was changed to imprisonment, for life.

Ninety-seven deadly noes, against forty-two merciful ayes, decided the fate of Stephen.

On the 29th of October, 1819, Jesse bade Stephen a last farewell; and was transferred to the State prison, at Windsor.

"I visited him--Stephen"--says Mr. Haynes, "frequently, with sympathy and grief; and endeavored to turn his mind upon the things of another world; telling him, that, as all human means had failed, he must look to G.o.d, as the only way of deliverance. I advised him to read the Holy Scriptures; to which he consented, if he could be allowed a candle, as his cell was dark.

This request was granted; and I often found him reading. He was at times calm, and again impatient."

Upon another occasion, still nearer the day of the prisoner's doom--"the last of earth"--Mr. Haynes remarks, that Stephen addressed him thus--"_'Mr. Haynes, I see no way but I must die: everything works against me; but I am an innocent man: this you will know, after I am dead.' He burst into a flood of tears, and said--'What will become of my poor wife and children; they are in needy circ.u.mstances; and I love them better than life itself.'_--I told him, G.o.d would take care of them. He replied--'_I don't want to die. I wish they would let me live, even in this situation, somewhat longer: perhaps something will take place, that will convince people I am innocent._' I was about to leave the prison, when he said--'_will you pray with me?_'--He arose with his heavy chains on his hands and legs, being also chained down to the floor, and stood on his feet, with deep and bitter sighings."

On the 26th day of November, 1819--two brief months before the time, appointed, for the execution of Stephen Boorn, the following notice appeared in the Rutland Herald--"MURDER.--_Printers of Newspapers, throughout the United States, are desired to publish, that Stephen Boorn of Manchester, in Vermont, is sentenced to be executed for the murder of Russell Colvin, who has been absent about seven years. Any person, who can give information of said Colvin, may save the life of the innocent, by making immediate communication. Colvin is about five feet five inches high, light complexion, light hair, blue eyes, about forty years of age.

Manchester, Vt., Nov. 26, 1819._"

This notice, published by request of the prisoner, was, doubtless, prepared, by one of his counsel:--by whomsoever prepared, it bears, in its very structure, unmistakable evidence of the writer's entire confidence, in the innocency, of Stephen Boorn, of the _murder_ of Russell Colvin. No man, who had a doubt upon his mind, could have put these words together, in the very places, where they stand. Had it been otherwise, some little hesitancy of expression--some conservative syllable--one little if, _ex abundanti cautela_, to shelter the writer from the charge of a most miserably weak and merciful credulity, would have characterized this last appeal--this short, shrill cry for mercy--as the work of a doubter, and a hireling.

There may have been a few, whose strong confidence, in the bloodguiltiness of Stephen Boorn, had become slightly paralyzed, by his entire and absolute retractation of all his confessions, made before trial. There may have been a few, who believe, that they, themselves, might have confessed, though innocent, in the same predicament--a.s.sured by the _squires_, the _magnates_ of the village, whom they supposed powerful to save, that _no doubt existed of their guilt_--that they were _gone geese_--and who proffered an effort in their favor--to save them from the gallows--if they would confess _the truth_, which _truth_ could, of course, be nothing, but their _guilt_. If they would confess a crime, though innocent, they might still live! If not, they must be deemed liars, and murderers, and die the death!

The prisoner, Stephen Boorn, even supposing him to be innocent, but of humble station in society, and of ordinary mental powers--oppressed by the chains he wore, and, more heavily, by the dread of death--clinging to life--not only because it is written, by the finger of G.o.d, in the members of man, that all a man hath will be given for his life--but because, as the statement of Mr. Haynes convincingly shows, poor degraded outcast as Stephen was, he was deeply and tenderly attached to his wife and children--might well fall under the temptation, so censurably spread before him.

There may have been a few, who were compelled to doubt, if Stephen were a murderer, upon hearing the simple narrative, spread through the village, by the worthy clergyman, of the fervent and awful declaration of Stephen Boorn, in a moment of deep and energetic misery--"I am as innocent of the murder of Russell Colvin, as Jesus Christ."

But the strong current of popular indignation ran, overwhelmingly, against him. By a large number, the brief notice, published in the Rutland Herald, was, undoubtedly, accounted a mere personal, or professional attempt, to produce an impression of the murderer's innocence, in the hope of commutation, or of pardon--and, with many, it certainly tended to confirm the prejudice against him. Days of unutterable anguish were succeeded, by nights of frightful slumber. The cell was feebly lighted, by the taper allowed him--with unpractised fingers, the prisoner turned over the pages of G.o.d's holy word--but a kind, faithful guide was at his elbow--the voice of fervent prayer, amid the occasional clanking of the prisoner's fetters, went up to that infallible ear, that is ever ready to hear.--The Judicial power had consigned this victim to the gallows--the general sense had decided, that Stephen Boorn ought not to live--to prepare him to die was the only remaining office, for the man of G.o.d.

No. Lx.x.xIII.

In April, 1813, about a year after poor Colvin was murdered, by the Boorns, according to the indictment--there came to the house of a Mr.

Polhamus, in Dover, Monmouth County, New Jersey, a wandering man--he was a stranger, and Mr. Polhamus was a good man, and took him in--he was hungry, and he fed him--he was ragged, if not absolutely naked, and he clothed him. He was a man of mean appearance, rapid utterance, and disordered understanding. He was harmless withal, perfectly tractable, capable of light service, and grateful for kindness. In the family of Mr. Polhamus, this poor vagrant had continued, to the very time, when the Boorns were convicted of the murder of Russell Colvin.

Not far from Dover, lies the town of Shrewsbury, near Long Branch, the Baiae of the Philadelphians. There dwelt in Shrewsbury, in the year 1819, Mr. Taber Chadwick, the brother-in-law of Mr. Polhamus, and familiarly acquainted with the domestic affairs of his relative. He also was a man of kind and generous feelings. He had accidentally read in the New York Evening Post, a paper which he rarely met with, the account of the conviction of the Boorns, for the murder of Colvin. The notice in the Rutland Herald, he had never seen. He was firmly persuaded, that the stranger, who arrived at the house of his brother-in-law, some six years before, was Russell Colvin. What reasons he had, for this conviction, the reader will gather from a perusal of the following letter, which appeared in the Evening Post:--

"SHREWSBURY, Monmouth, N. J., Dec. 6, 1819. To the Editor of the New York Evening Post: Sir. Having read in your paper of Nov. 26th last, of the conviction and sentence of Stephen and Jesse Boorn, of Manchester, Vermont, charged with the murder of Russell Colvin, and from facts, which have fallen within my own knowledge, and not knowing what facts may have been disclosed on their trial, and wishing to serve the cause of humanity, I would state as follows, which may be relied on. Some years past, (I think between five and ten), a stranger made his appearance in this county: and, upon being inquired of, said his name was Russell Colvin, (which name he answers to at this time)--that he came from Manchester, Vermont--he appeared to be in a state of mental derangement; but, at times, gave considerable account of himself--his connections, acquaintances, &c.--He mentions the names of Clarissa, Rufus, &c.--Among his relations he has mentioned the Boorns above--Jesse as Judge (I think,) &c., &c. He is a man rather small in stature--round favored--speaks very fast, and has two scars on his head, and appears to be between thirty and forty years of age. There is no doubt but that he came from Vermont, from the mention that he has made of a number of places and persons there, and probably is the person supposed to have been murdered. He is now living here, but so completely insane, as not to be able to give a satisfactory account of himself, but the connections of Russell Colvin might know, by seeing him. If you think proper to give this a place in your columns, it may possibly lead to a discovery, that may save the lives of innocent men--if so, you will have the pleasure, as well as myself, of having served the cause of humanity. If you give this an insertion in your paper, pray be so good as to request the different editors of newspapers, in New York, and Vermont, to give it a place in theirs. I am, sir, with sentiments of regard, yours, &c.,

TABER CHADWICK."

To render a certain part of this letter intelligible to the reader, it is proper to state, that Clarissa and Rufus, as it appeared from the evidence, were the names of Colvin's children; and that "_the judge_" was a t.i.tle, or sobriquet, frequently bestowed upon Jesse, by Stephen.

Upon the arrival of a printed copy of Mr. Chadwick's letter, in Manchester, it produced little or no effect. Very few of the inhabitants gave any credit to the story; and it might have been very reasonably supposed, that St. Thomas had begotten a large majority of the population.

Squire Raymond was certain of Stephen's guilt; and to differ from Squire Raymond, was probably accounted, by the villagers, as one of the presumptuous sins. Besides, if a doubt of their guilt had existed, would not those most learned judges have given the prisoners the full advantage of that doubt! How little the good people of Manchester imagined, that, upon the trial of the Boorns, the well established rules of evidence had been outrageously violated, and a great fundamental principle of criminal jurisprudence shamefully disregarded, by the court! Such, however painful and disgraceful the admission, was manifestly the fact. Judges, who sit thus, in judgment, upon the lives of men, would do well to doff their ermine, and a.s.sume the robe, commended by Faulconbridge to Austria. To the enforcement of this simple truth I shall turn hereafter.

Let us now go to the dungeon, taking with us, of course, the newspaper, containing these living lines--these tidings of exceeding great joy. But the details of all that occurred within the prison, are related with great simplicity and power, by the good clergyman, who stood by Stephen Boorn, in his deepest need. Let Mr. Haynes, himself, describe in a few words, the effect of this communication, upon the prisoner--"Mr. Chadwick's letter was carried to the prison, and read to Stephen. The news was so overwhelming, that, to use his own language, nature could scarcely sustain the shock; but, as there was some doubt as to the truth of the report, it tended to prevent an immediate dissolution. He observed to me, that, if Colvin had then made his appearance before him, he believed it would have caused immediate death. Even now a faintness was created, that was painful to endure."

Not a few very charitable people, who shrink, instinctively, from the very thought of giving pain, marvelled at the cruelty of those, who presumed to raise the poor prisoner's hopes, upon such frail and improbable grounds.

Soon, intelligence arrived in Manchester, that a Mr. Whelpley, of New York, formerly of Manchester, who knew Colvin well, having seen Mr.

Chadwick's letter, had gone to New Jersey, to settle the question of ident.i.ty. This, according to Mr. Deming's account, was done, at the instance of the city authorities of New York.

Doubt fell, fifty per cent., in the market of Manchester, when a brief letter, in the well known handwriting of Mr. Whelpley, was received, in that village, immediately upon his return to New York, containing these vital words--"I HAVE COLVIN WITH ME!" This letter was immediately followed by another from a Mr. Rempton, who knew him well, in which he says--"_while writing, Russell Colvin is before me_!" The New York journals now published the notice, that _Colvin had arrived, and would soon proceed to Vermont_. Doubt dies hard, in the bosoms of those, whose pride of opinion forbids them to recant. Squire Raymond, and his tail, as the Scotch call a great man's followers, could not believe the story.

Their honors, who sentenced the Boorns to death, in one hour, after the verdict had been delivered--were very naturally inclined to take a longer time, for consideration, before they sentenced themselves to merited reproach, for their rash and unjustifiable conduct. Bets were made, says Mr. Haynes, that the man, on his way to Vermont, notwithstanding the positive averments of Whelpley and Rempton, was not the true Colvin, but an impostor.

Whoever he was, he was soon upon his way. He pa.s.sed through Albany. The streets, says Mr. Deming, were literally crowded to get a glimpse of the man, who was dead and alive again. He pa.s.sed through Troy. The Trojan horse could not have produced a greater measure of amazement, in the days of Priam. Dec. 22, he arrived with Mr. Whelpley, at Bennington. The court then in session, suspended business, to look upon him, for several hours.

Towards evening, upon that memorable day, Dec. 22, 1819, the stage was seen, driving into Manchester, and the driving was like the driving of Jehu, for it drove furiously. When the dust cleared away, sufficiently, to enable the excited population to obtain a clearer view, an unusual signal was observed floating above the advancing vehicle. A shout broke forth from the crowd--COLVIN HAS COME! Hundreds ran to their houses to communicate the tidings--_Colvin has come!_ The stage drove up to the tavern door; and a little man, of mean appearance, and wild, disordered look, came forth into the middle of the eager mult.i.tude. His bewildered eyes turned, rapidly and feverishly, in all directions, encountering eyes innumerable, that seemed to drink him in, with the strong relish of wonder and delight. Hundreds upon hundreds pressed forward, to grasp this poor, little, demented creature, by the hand; and enough of sense and memory remained, to enable him, feebly, to return the smiles of his former neighbors, and to call them, by their names. All was uproar and frantic joy. The people of Manchester believed it to be their bounden duty to go partially mad; and they did their duty to perfection. Guns were fired, amid wild demonstrations of excitement; and Colvin was tumultuously borne to the cell of the condemned. The meeting shall be described by Mr.

Haynes--"_The prison door was unbolted--the news proclaimed to Stephen, that Colvin had come! The welcome reception, given it by the joyful prisoner, need not be mentioned. The chains, on his arms, were taken off, while those on his legs remained. Being impatient of an interview with him, who had come to bring salvation, they met. Colvin gazed upon the chains, and asked--'What is that for?'--Stephen answered--'Because, they say, I murdered you'--'You never hurt me'--replied Colvin._"