known, on separate occasions, more than six sailors who voluntarily confessed to having struck the first blow at Captain Pigot. These men detailed all the horrid circumstances of the mutiny with extreme minuteness and perfect accuracy; nevertheless, not one of them had ever been in the ship, nor had so much as seen Captain Pigot in their lives. They had obtained, by tradition, from their messmates, the particulars of the story. When long on a

foreign station, hungering and thirsting for home, their minds became enfeebled; at length they actually believed themselves guilty of the crime over which they had so long brooded, and submitted with a gloomy pleasure to being sent to England in irons for judgment. At the Admiralty we were always able to detect and establish their innocence, in defiance of their own solemn asseverations.'

No. 110.]

[Printed ante, as

On the 19th of May, 1813, Stephen and Jesse Boorn, with Russell Colvin and Lewis Colvin, his son, were seen in the morning, by a neighbor, one Thomas Johnson, in Manchester, Vermont, picking up stones in a field. They were seemingly in a quarrel. Johnson had a full view of them, but was concealed from their sight. In the course of the quarrel, according to the testimony of Lewis, Colvin first struck Stephen, who then knocked the former down with a club. blow brought no blood. Lewis ran off, and neither he nor Johnson saw Colvin again.

The

The sudden departure of Colvin excited at the time some inquiry as to what had become of him. As he was, however, in the habit of mysteriously absenting himself, sometimes for months together, being occasionally in a state of mental derangement, it was supposed by his friends and neighbors that he would shortly return. were, however, some vague suspicions that this time he had been murdered. They arose from the fact of the quarrel, and from contradictory declarations by the Boorns in regard to his disappearance or

There

death. These circumstances were not deemed sufficient, however, to warrant their arrest. They both remained unmolested in the village until 1818, when Stephen removed to Denmark, in New York, making a visit to Manchester in the winter of 1818-1819.

Probably these men would never have been brought to trial, if an uncle of theirs had not, sometime in 1819, dreamed that Colvin came to his bedside and declared that he had been murdered, and that the uncle must follow the ghost, who would lead him to the spot where the body lay. This dream being repeated three times, was finally attended to. Search was made in the place indicated, being where a house had formerly stood. Under the house was a hole about four feet square, made for the purpose of burying potatoes, but filled up at the time of the search. The pit was opened, and only a large knife, a penknife, and a button found in it. Mrs. Colvin accurately described these articles previously to their being shown to her; and having seen them, declared the large knife and the button to have belonged to her husband. This wonderful dream,

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as near as we can learn, took place in April, 1819. It created a great sensation in the neighborhood, and was deemed by many as a providential interference for the detection of the murdered. Immediate search was thereupon made for the body of Colvin, concerning whose murder by the Boorns no doubt now existed. Toward the end of April, 1819, on the strength of this dream, Jesse Boorn was arrested in Manchester. His examination was commenced on the 27th of April, during which day, as well as on the three following, search was unsuccessfully made for the body of Colvin. The ghost had played them false. It was not to be found in the pit indicated, nor in any other place ingenuity could. assign. Still, so strong was popular belief in the honesty of their mysterious informant, that no one questioned his truth. Two pieces of bone were found in a hollow stump, which were pronounced to be the nails of a human toe a cluster of bones was found in the same place. Several physicians thought them human only one thought otherwise. In order to determine this matter conclusively, they dug up a leg, which had been amputated from a man about four years previously, and upon comparing the two sets of bones, it was unanimously determined that the set first found did not belong to the human

race.

But people would not admit the fallibility of their ghost, especially as the bones first found were discovered by the agency of a dog, in the most approved mode of canine. sagacity. It was therefore surmised that the body had been burnt, and some parts not consumed cast into the stump and other bones put amongst them for deception. This surmise gained strength from the fact that shortly after the disappearance of Colvin, a barn belonging to the dreamer was accidentally consumed by fire, and about the same time a log heap was burnt by

the Boorns near the place where the ghost said the body was to be found.

Upon the examination of Jesse, the magistrate allowed none of this stuff to be given in evidence. The facts relied on were, the disappearance and continued absence of Colvin, the quarrel, and the contradictions and observations before alluded to. These circumstances were deemed insufficient to warrant his detention. He was accordingly on the eve of being discharged when he stated to some of the myrmidons of the jail, “that the first time he had an idea that his brother Stephen had murdered Colvin, was when he was here last winter; he then stated that he and Russell were hoeing in the Glazier lot; that there was a quarrel between them; that Colvin attempted to run away; that he struck him with a club or stone on the back part of his head or neck, and had fractured his skull, and supposed he was dead. That he could not tell what had become of the body." He mentioned many places where it might be found. Search was accordingly made, but to no purpose.

A warrant was immediately issued for the apprehension of Stephen, who was committed to jail on the 15th of May. He strongly asserted his innocence, and was severe upon Jesse for making the confes

sion.

The latter, after an interview with Stephen, retracted all he had said, declaring the whole to be false. false. They were, however, committed to take their trial before the Supreme Court of Vermont, to be holden in Manchester, in September, 1819. During the time of their imprisonment, before the trial, they were frequently visited by a clergy

a neighbor to the Boorns and Colvin. In the early part of the month of May, seven years ago, last spring, I saw one morning, Stephen Boorn, Jesse Boorn, Russell Colvin, and his son Lewis Colvin, picking up stones. They appeared to be in a quarrel. I had a full view of them, although they could not see me. I have never seen Russell Colvin since. Stephen said he was not in the field picking stones at the time Russell went off, but that he went off at that time. Jesse, while in imprisonment, told me that he was assisting in shoeing an horse, when Russell went off. Stephen said the woodchuck they had for dinner the day Russell went off was killed by him, when mending fence for a Mr. Hammond. Having purchased the land where this quarrel took place, the children found and brought home an old moldy rotten hat - I knew it to be the hat of Russell Colvin. In the cellar hole stood a thrifty apple tree about three feet high, which was taken away the season after I noticed it.

Lewis Colvin (son of Russell Colvin), sworn. He said that at the time Russell went off, he was picking stones with him, and Stephen and Jesse Boorn that a quarrel arose between Stephen and Russell

that Russell struck Stephen first that Stephen knocked Russell down with a club, and that he (the witness) ran away, and saw no blood that Stephen told him not to tell that he struck Russell that he had never seen Russell since.

It appeared from the testimony of many witnesses that a jackknife and a button was found in the old cellar hole which were recognized as having once belonged to Russell Colvin that he had occasionally

absented himself from his family, and was at times in a state of mental derangement — that bones had been found, which by some were supposed to be human bones, but which appeared, from the most conclusive evidence, not to be human bones.

Truman Hill, sworn. He stated that he had the keys of the prison. in which the Boorns were imprisoned that he exhorted Jesse to tell the truth, and that if he told a falsehood it would increase his trouble that he confessed that he was afraid that Stephen had murdered Colvin, and that he believed he knew very near where the body was buried that when the knife and the hat of Colvin were shown him, he was much agitated. He said he urged Jesse to confess nothing but the truth.

Sally Colvin (wife of Russell Colvin, and sister to the Boorns) stated that about four years since Stephen said I could swear the child with which I was pregnant, for he knew that Colvin was dead. Jesse also said that I could swear it.

Daniel D. Baldwin, and Mrs. Baldwin to the same effect said that about three years since, Stephen. told them that Colvin went off in a strange manner into the woods at the time he, Jesse, Colvin, and Lewis were picking stones that Lewis had gone for drink, and when he asked them where Colvin was gone? one answered, gone to hell; the other that they had put him where potatoes would not freeze.

Numerous witnesses testified to the contradictory declarations of the Boorns in regard to the disappearance or death of Colvin. The testimony of Silas Merrill to the confession of Jesse Boorn was as follows:

Silas Merrill, sworn. Testified that as Jesse was returned to prison from time to time from the court of inquiry, that he had been urged to confess; that one night in the prison we got up, and Jesse said that Stephen knocked Colvin down twice,

broke his skull, and the blood gushed out; that his father came up there several times, and asked if he was dead, and said, damn him; that all three of us took the body and put it into the old cellar, where father cut his throat; that he knew the jackknife to be Colvin's; that Stephen wore Colvin's shoes; that about a year and an half after, they took up the bones; put them under a barn that was burned; then pounded them up and flung them into the river; that father put some of them into a stump, etc.

The following written confession of Stephen, made Aug. 27, 1819, was rejected by the Court; but as its contents were alluded to by oral testimony, it was introduced by the prisoner's counsel.

Stephen Boorn. "May the 10th, 1812, I, about 9 or 10 o'clock, went down to David Glazier's bridge and fished, down below. Uncle Nathanial Boorn's, and then went up across their farms, where Lewis and Russell was, being the nighest way, and set down and began to talk, and Russell told me how many dollars benefit he had been to father, and I told him he was a damned fool; and he was mad, and jumped up, and we sat down close together, and I told him to sit down, you little tory; and there was a piece of beech limb about two feet long, and he catched it up and struck at my head as I sat down; and I jumped up, and it struck me on one shoulder, and I catched it out of his hand, and struck him a back-handed blow, I being on the north side of him; and there was a knot on it about one inch long. As I struck him, I did think I hit him on his back; and he stooped down; and that knot was broken off sharp, and it hit him on the back of the neck, close in his hair; and it went in about half of an inch on that great cord; and he fell down; and then I told the boy to go down, and come up with his uncle John; and he asked me if I had killed

Russell, and I told him no, but he must not tell we struck one another. And I told him when he got away down, Russell was gone away; and I went back and he was dead; and then I went and took him and put him in the corner of the fence by the cellar hole, and put briers over him and went home, and went down to the barn and got some boards, and when it was dark I went down and took a hoe and boards and dug a grave as well as I could, and took out of his pocket a little Barlow knife, with about half of a blade, and cut some bushes, and put on his face and the boards, and put in the grave and put him in, four boards on the bottom and on the top, and t'other two on the sides, and then covered him up, and went home, crying along, but I warn't afraid as I know on. And when I lived to William Boorn's I planted some potatoes; and when I dug them I went there, and something I thought had been there, and I took up his bones and put them in a basket, and took the boards and put on my potato hole, took the basket and my hoe, and went down and pulled up a plank in the stable floor, and then dug a hole, and then covered him up, and went into the house and told them I had done with the basket; and took back the shovel, and covered up my potatoes that evening. And then, when I lived under the West mountain, Lewis came and told me that father's barn was burnt up; the next day, or the next day but one, I came down and went to the barn, and there was a few bones; and when they was to dinner, I told them I did not want any dinner, and went and took them, and they warn't only a few of the biggest of the bones, and throwed them in the river above Wyman's, and then went back, and it was done quick too, and then was hungry by that time, and then went home, and the next Sunday I came down after

money to pay the boot that I gave to boot between oxens; and went out there and scraped up them little things that was under the stump there, and told them I was going to fishing, and went, and there was a hole, and I dropped them in, and kicked over the stuff, and that is the first anybody knew it, either friends or foes, even my wife. All these I acknowledge before the world."

The body of Colvin was not found, nor anything approaching nearer to it than the toenails. The confessions had been the result of much solicitation. Jesse was told that if he would confess the facts, it would probably be the means of clearing him. It appeared in evidence that several had promised to sign for their pardon if they would confess; at the same time telling them that there was no doubt they would be convicted upon the testimony that was then against them. The jury, after a trial occupying five days, a "short, judicious and impressive charge" from Mr. Justice Doolittle, and "lengthy and appropriate one" from Mr. Chief Justice Chase, rendered a verdict of guilty against both the prisoners. They were accordingly sentenced to be executed on the 28th of January, 1820.

a

So much distress was manifested by these men upon learning their fate, that the usual reaction almost immediately took place in the public mind. Notwithstanding their confessions, they now vehemently asserted their innocence. A petition was presented to the legislature for a commutation of punishment, which was granted to Jesse, but refused to Stephen. The former was accordingly carried to the State prison on the 29th of October. Stephen remained in the "inner dungeon" of the jail with "heavy chains on his hands and legs, being also chained to the floor." During his confinement his agony is described as extreme. He was unwilling to die, both on his own and

his family's account, and vehemently protested his entire innocence.

A clergyman, Lemuel Haynes, who visited him in prison, reported: "I visited him frequently with sympathy and grief, and endeavored to turn his mind on the things of another world; telling him that as all human means failed, he must look to God 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. The interview I had with him a few days before the news came that it was likely that Colvin was alive, was very affecting. He says to me, '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 circumstances, and I love them better than life itself.' I told him God would take care of them. He replied: 'I don't want to die. I wish they would let me live even in this situation, some longer; perhaps something will take place that will convince people that I am innocent.'"

Whatever may have been public opinion on their conviction, it was shortly changed, for on the 22d of December, 1819, the murdered man was brought alive to Manchester! The reaction in favor of the Boorns was now excessive. Stephen, sentenced to be hung, was released amidst the congratulations of the crowd and the peal of artillery. Jesse, then at hard labor in the State prison, was forced to wait the slower process of a regular discharge. Both became the heroes of the moment, and enjoyed, as a slight recompense for their months of agony, the sympathy of their former persecutors.