Indiana Palladium, Volume 5, Number 37, Lawrenceburg, Dearborn County, 19 September 1829 — Page 1

EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow. Volume V. LAWRENCEBURG11, INDIANA; SATURDAY, SEPTEMBER 19, 1821). Number 37.

SIVEJUjYGEjY'S trial. From the llagerstoion Torch Light, jlug,

sr. For the following brief sketch of the testimony, we are indebted to a gentleman who was in Cumberland during the trial, and in whoso statement we have the utmost confidence: The testimony commenced with the marriage of the accused, which it was attempted to be proved, was, on his part from mercenary motive-. His i.onver cations in relation to this fact were proved, and from tin m it appeared that he was previously attached to another lady who returned his aflecti ons, hut dial this connection had bcti .broken off In the interference of his'relalions. Evidence was then adduced to snow his coldness and jnilijjf 'j;nee toaards his wife, and in JUt&Jyf July IG27, that Inupset her in a gig on M title's mountain, on which occasion 6he wa dreadfully injured, and her recovery was a long time doubtful. His connexion with a lewd woman, nannd R ;chtd Cunningham, was ntxt given in evidence, his acquaintance with her commencing in August or September, 1 827, immediately previous to hia election. Oa that occasion he took this woman to a camp meeting in lVashingtoncounty,in a barouche. Tile nature of his intercouroe with this woman, was then proved, and the tesii rnony consisting chiefly of his own conversations with dlff'rent individuals at different lirneie.l dfnm those it appeared, that heibuiViouse in Hagerstown, into which ti(; ivfis put that In; visited her here, openly & daily ; ttait tli.;i Indignation of the public arose tuione occasion to such a height, a to threaten a mob for the purpose of pulling down his house, that he armed himself on the occasion and threatened to kill the first man who approached, that he then sent her off to Virginia, where he occasionally p :id her visits, and ultimately removed her to the faun which he held in right of his wife, in Allegheny county. It was proved also that his wife left him in consequence of his connection with R ichel Cunningham, and in a short time afterwards consented to ennv back and live with him, it being understood that his intercourse with tus paramour was entirely broken off. He then made promises to hie friends of a reformation in his life and habile, and for a time was eeen walking out with his wife, and conducting himself towards her as became a husband. The facts immediately connected with the death were then proved and were as follows. That he I -ft Cumberland on Sunday, in company with his wife, and proceeded as far as Mrs. Peggy Cresap's where they remained all night. In the morning they set out to go to anoiher Mrs. Crcsap's, and left the road when they arrived opposite his farm. At this point he was met by a drove of cattle, at the head of which was young Ililliary , who swore that he saw the accused and bis wife, leave the road, he riding before and carrying the child and she following at a short distance. At the distance of about two hundred yards from the path where they turned off, they reached the foot of a steep hill, when he got down, hitched his own horse, and put down his child. That he then look his wife's horse by the bridle, and led him up hehill,at which point young Hilhary lost sight of them. When the drove had proceeded about three fourths of a mile, Swcaringen overtook it, riding at a moderate gait, with his child in his arms. He asked the drover his name and where lie was from. After which he told him that his wife had been thrown from her horse,

and that he was afraid she was dead, andljury of inquest, the grand jury that

wished hi an to take his hore and ride to Cresap Town and send Robert Kile to liim immediately. Which the drover did. When Kile came to the ground he was about passing the road leading to Swearingen's farm, when he heard a whistle, aud looking in that direction, saw the accused sitting by the dead body. She was l)ing on the side of this by-rond about a hundred yards from the main road and about a quarter of a mile from the place where according to the statement of the accused the horse fell with her. A Coroner's inquest was held the next day, which , determined that she came to' her death by an act of Provi dence. The death happened on Mon day. The crounds were explored on Wednesday, by several persons, who commenced their examination at tne point where young Hilliary lost ight ot the accused. At this place it was supposed he left the road, aud the track of a horrc was

traced by some persons through a laurel thicket, over the hill, coming out into the road where the corpse lay, about filly yards above the place. They discovered also a, place by the side of a log, .vhero the leaves had been pressed down, forming a hollow in the leaves. O i the log was a stone. At a little dis (ance they discovered where ahortehad been hitched, a little further a club ap

p trently tut in a hurry. The leaves of the hushes in the direction. of the track were spotted, as some of the witnesses thought, with blood. On this subject (here was some contrariety in the evidence. Some of the witnesses did no'think they were the tracks of a horse, and one thought there were no tracks at all. There was a difference also among he witnesses about the appearaiic.es in the woods, some thinking that all ol (hem were natural appearances to b found at all lime6 in the woods. The accounts given by the accused were very contradictory. He said to all that she v as killed by her horse falling with her in the main road, but to some he stated that she was killed dead, to others that she was killed by fulling from the horse after he had put her mI r the purpose of taking her to some place of safety. To some he said she iel! when the drove came in view, to liera that the last of the drove was jusl getting out of sight when she fell. A second inquest was assembled on Thursday night. The body was disin terred and ex tmincd by phsicians, who it firt thought that from the putrescent state of the body, it was impossible l assign the cause of her d alh, and gave such an opinion in writing to th inquest. Thy afterwards came to tin conclusion that her death was occasioned by suffocation. There vv:i3 aho a difference of opinion among the phy si chins examined. O e of tnem giving it as his decided opinion that no judgment could be formed as to w hether she was killed by suffocation or not, without an examination of the lungs and brain, neither of which were seen by the exunining ph) sician, the others thinking thai the swollen and turves-cent stale of the neck and face sufib nntly indicated a death by suffocation. Ills flight w as proved to Uave taken place immediately after u- second inquest was convened and after a summons was issuell by the coroner. It was proved that the knees of Unhorse were injured, and several witness es swore positively that the injuries were not occasioned by the horse's falling, but were cut with a knife or some sharp instrument. During the argument, and while the last of his counsel, Mr. Price, was speaking, a letier written by the accused in prison to Rachel Cunningham, was read hy the prosecutor to the jury. Thermal sentence of the law was pronounced on Mmday last, hy the hon. John Buchanan, who accompanied it with the following prefatory icinarks, with a copy of which we have been politely furnished, by particular request: Upon a full and minute investigation before a jury of your country, commensurate with the character of the effjneo with which you stand charged, and the awful cons quince of conviction, you have been found guilty of the horrible crime of murder of the first degree; and it has become my painful duty as the or gan of this court, to pronounce the solemn and appalling sentence of the law. Of your guilt, not a shade of rational doubt is perceived to exist. Three different juries have pronoun ced you the murderer ofyour wife the found the indictment on which you have

been tried, and finally the petit jury ofjyour behalf it might prove a fatal delu

your own choice, after an attentive and patient hearing of the elaborate arguments of the counsel engaged in your defence, by whom nothing was left undone, that zeal and ingenuity could suggest. Far be it from me, to entertain any the remotest wish, to insult, or unnecesCumberland. August 1829, My Dear, I am happy to inform you that tbe case is over and in irsy. favor; and hope you will come on immediately and stop at INlr. EvdnK' tavero, and he will spnd down to m) brother Charhs for me. 1 am very anxious to see you. I hope you have regard for me and ponr James Bnd conducted yourself well Iben we will all be happy and you nor be shall ever want a friend. I wish you to bring a letter of recommendation from the per son you have been living with. ihe stage arrives here in a day and a half from Wheeling. I am very weak, or I would come on for you do not be afraid to come by yourself. Yours G. S. James is well and sends his love to you.

sarily offer violence to your feelings

they must be already sufficiently har rowed. But I am constrained (o say, (would to G. id that it were otherwise,) that wilful, deliberate and premeditated purpose, though essential to the murder ol the first degree, does not give to the offence of which you stand convicted, its deepest dye; does not constitute its black est atrocity. Murder is shocking 'o humanity under any circumstances, aid a well regulated mind, one not callous to every pn per and correct feeling, always turn from the contemplation of it, with shuddering and abhorrence. Yet there are degrees of turpitude even in murder of the first degree, and that perpetrated by war, mounts to the highest grade of enormiu. Yours is an instructive, but melancholy lesson; a practical, hut shockir g illustration of the awful truth, which .anno! be too often, nor too strongly inculcated that one false step i3 ever followed by another. Reared and educated in an elightened society, surrounded by respectable and nunvrous friends and relations, and enjoying in a high degree of esteem ana confidence of all who knew you, you found your abused and unhanny vh tim at a boarding school, a young, inexperienced, innocent and guileless gii I ;-t ladaughter of a wealthy parent, who had sent her abroad for her educaiion. Alas! he little thought, he was sending her to Ivt destruction; and that, what was intended for the ad anc ment of her respectability and happiness in this life, was destined soon to prove her ruin. Departing from 'he pa'h of rectitude, in which until then, you seem to have trodden; and uninfluenced by any of the finer feelings of the heart, but attracted only (as it appeared in evidence) by the allurements of wealth, you sought and won In r affection; and with no corresponding attachments, made her at an in auspicious moment, the co .tiding paitner ofyour bed, but an alien from your bosom. It was a false and vicious step, a moral ft aud practised upon the credulity of a fond and unsuspecting girl. That one faNe s'ep soon begat another. Scarcely had you, under the sane ion of a holy vow, de-priv d her of her virgin ( harms, ere, (regardless of all decorum, of the feelings of ihe friends and relative by whom y mi were encompassed, and of every thing that was due to the society in which you lived.) you cm elly dashed her from you, to revel in the foul embraces of a base and common wanton. Thus hurrying onward, (forgetful of ever) law, human and divine,) rm ne false aud viei-us step to another, y..u ar riv d at last to the perpetiatiou of the unnatural and cruel murder of your uu off-nding wife, the mother ofyour own. infant child, whore presence alone should h.'o been her protection the bloody deed, that has drawn down Uj on you the vengeance of the offfnded lawr; which, (under the direction of Him, by w hose all-seeing eye the fall of a sparrow is not unobserved, from whom nothing, can be concealed, and no secrets are hid,) seldom fails, sooner or later, to overtake the guilty; the very means suggested by guilt, and resorted to for concealment ?md escape, however deep laid and well planned, often proving to be the Hire means of detection; such are the inscrutable ways ofProvidence, and such the blindness ot man , with all his boasted wisdom. Suffer not yourself to be deceived by a vain hope ot pardon, or of any interposition hy the executive of the state in sion. The blood of that much injured and murdered woman, whom at the sacred altar you had vowed to cherish, and w hom it was your duty to protect, cries to heaven; outraged humanity calls aloud for justice; the offended majesty of the law must be appeased, and the hour of retribution draws near. Trut me, w hen I assure you, it is my sincere belief, that there is nothing to be hoped from any earthly power, on this side of the grave; and that your only hope must now rest upon another and a higher tribunal for peace and happiness, in "another and a beth r world." Permit me then to beseech you, no longer looking to the tilings of this world, to direct your attention to that dread tribunal; and diligently to employ the small remnant of life, that yet remains to you, in earnest and humble supplication to the Throre of Grace, for that pardon and forgiw?ne5 which can only

I he extended to you, hy Him from whom!soon broueht him back; but while I was

you have your beingthe great searchei of all hearts: the high and mighty ruler ot ihe universe. And may the God of mercy in comp tssion to your soul, incline and guide your heart to penitence and prayer, sustain and strengthen you in the hour of trial, and sulf r you not, at the last sad moment, for any pains of death, to fdi from II im. Your sentence is, that vou be taken to the jail of Allegheny county, from wlie- ce you came, and tin nee to the place of execution, at such time as shall !e duly appointed, and thai you be there hanged by the nick, until you arc litad.' ELOQUENT THIEF The author of those finely fold tales alread) published in 'he At! s, under titles cf First and last Dinner" ai.il "First and last Kis ha recently given to the public a ex work, called "The Five Nights' of St. Albans.1 It is highly spoke-, of ,is displaying great strength and originality oi cencvption. The scene which follows, we give as a specimen of (he work; .V. Y. Atlas. Fevered I, when he left Lacy's, proceeded at once to the mayor's house. but on his way thither he w as overtaken b a crowd of persons who were moving tumultuously along. His curiosity was excited, and he inquired what had hap pened. He was informed they had a thief in custody, and were conveying him 'o be examimd before his worship. Peverell w orked his way into the middle of the crowd, and beheld a (all, athletic, gipsy looking y-u!h, in the gripe of two constables; while, to his great surprise, he saw mine host following close behind, with a loaf of bread under his arm, which, it seemed, the culprit had stolen. The appearance of the delinquent was such as attracted PeverelFs attention. Mis make was muscular, his step firm, and his stature erect. His countenance was swarthy, and overhung with raven locks, which descended in natural curls down the sides of hi- face. His eve was large, dark and piercing, full of gloomy purpose and sullen desperation. On his upper lip lie wore large musfachios. There was a pleasing expression of benignity about his mouth; and his teeth were regular, and of exquisite whiteness. His dress was faltered and bespoke poverty! but his mein and gesture were such as! eommanded respect. Even the rude rah hie w ho weie gathered round him, and w ho are alwavs ready to insult and deride him whom the fangq of justieo have caught, even they looked on with yilerce. As the crowd moved slowly forward, various were the conjectures which were hazarded. S.-me thought he was the murderer of the man whose hotly could not be found; some wondered whether he was a wandering knight in disgu;se; while others gravely hinted he might he a magician and, now (hev had caught him, pcihaps there would Lc no more coil in the abbev. They had now arrived at the house of his worship and Peverell took the opnor tunity of speaking with him before he was engaged in examining the prisoner. He then informed him of the persons who were waiting without to bring a cul prit before his worship, and mentioned what appeared to be the remarkable quality of the accused youth. "I'll find his quality out, I warrant," said his worship, "as you shall see, an' you have time to wait the examination." rervcrcll readily consented, and compamed his worship into the room where he usually gave audience on occasions of this kind. Reing seated in his chair of state, with his clerk beside him, he immediately proceeded to business, by inquiring what was the nature of the charge against the prisoner. "An1 it shall please your worship's reverence," said one of the constables, "this vagrom is a thief." "A thief!" rejoined his worship. "What has he stole, and who is the accu ser?" Mine host nowstepped forth, and brief y stated that the culprit after walking several limes to and fro opposite tioor, winch, as his worship, knew, was the sign of the Roe. "Ves, Master Wintoure," interrupted the mayor, "I do know; and moreover 1 know that a mug of as good ale may be had under the Rose as can he drunk in all St. Alban's; but proceed." Mine host thanked his worship for his good w ord, and w ent on. "He walked several times up and dow n as I said, w hen anon, though he saw me on a bench near, he snatched up this loaf from a table, and ran off with it. II raa after him, raised a htie and cry, &;

s nv w aicueu i. pportunity and darted on again w ith the loaf like a greyhound. Wo followed, and a devil of a chase (saving your worship's presence) he led us over hedges at d ditches, up hill and down dale, bciore we could catch him. At last be ran into a lane that had no thoroughfare, and then we secun d him and now here he is to answer for himself;' "Aye, aye," said his worship, 4,I seehow it is: he wanted his dinner, and was too lazy to woik for it; but we'll give him dinner and a supj er too, I warrant." Then turni g to the prisoner, "Thou naughty varlet," he continued, "what have you to say f The culprit, who had remained unmoved during the whole of mine host's deposition, looking with a steady glance, first at the accuser and then at the mayor, now came forward w ith a deliberate tep, and, in answer to his worship's question, simply pronounced the woid ling," in a hollow but manly voice. "l'ou have nothing to say, vyl said is worship. "Nothing!" said the prisoner, in the same tone. "And do you know that you will be whipped, eet in the stocks, and sent to orison?" "Yes?" "What is your name?" inquired the clerk. "1 have no name; I lost it when I forfeited my honesty." "What are you?" said his worship." "A man!" "What craft?" "N, e." 4How do you live?'1 "Like the rest of the world as well as I can." "Where do you live?" 4Here, now to-morrow, any where' "R all)," exclaimed his worship, waxing a little wrathful at what he considered the saucy bluntness of his answers; "Really you are a very pretty rascal." Peihaps you expect to get off by this device; but you will find out our mistake." "I expect you will do your duty," replied the culpril ; "and then I suppose J shall be imprisoned, whipt, and set in the sti cks." ' undertake to promise vou all thrp p rejoined his worship, "but fut 1 would - . . . T f.in know a little more of you. I am fond of original characters; and you seem to be one. . What made you steal this mains bread?" "Want!" "Aye, aye, that is always the ready plea; but if you were in want, why not work and eat honest bread?" "Who will employ n.e? No one! The world's doors are chut against me!" "Wh did you not eat the loaf when yon purloined it, if )ou wanted it?" "There are wants of the soul," replied the youth, as well us of the bod); mine were the former." "Come, come," quoth his worship, "this is inllin with the respect due to mine office. f insist upon knowing uiu name, inai me cierL' may enter it in me Mt-puciliuu. n Ual 13 sirrah ? your name "George Wilson. Have you aught more with me ?" "Oh?" exclaimed his worship, in a tone of irony, "what! you have a name have you, when you are nut to it? T

asking him a few question his opportunity and dart

ac-!,,are be sworn you have an alias too.

George U ilson, alias what ?" "I have answered you," replied the prisoner calmly, but proudly. "What further questions?" "None," said his worship. "Vou may take him to prison." The constables were about to remove him, when he put them aside with a deliberate air, and addressed his worship. "Having answered all your questions now hear me. I have been brought before you as an offender against the laws. Vou are appointed to maintain and enforce thoge laws. My offence is small,

bis-and, I hope, justifiable in the siht of

neaven: ami lie raised nis eyes, streaming with tears. "God knows from what motives I have acted! they were solemn ones." His voice faltered a little, but soon recovered his wonton firmness. "It was your duty," he continued, "to take the depositions of my accuser, and to act upon them according to the law. Put who gave you a right, to insult me with needless questions, to oppress me with mean insinuations, to wound me with your puny w it? The consciousness of that, protection which your station ihrowo around you ehould hate made T 'I . . . . -M it