USA > Vermont > Early history of Vermont, Vol. I > Part 18
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granite six feet square. Above the pedestal rises a Tuscan shaft of granite, four and a half feet in di- ameter and forty-two feet high. Upon its capital on a base bearing the word "Ticonderoga," stands a heroic statue of Ethan Allen, eight feet four inches high. The expense of the statue was about $2,700, and was raised by subscription. Larkin G. Mead was the sculptor of this statue.
The Honorable John N. Pomeroy of Burlington, Vt., in his address at the ceremonies of the unveil- ing this statue on July 4th, 1873, said, "Long may it stand over the sacred ashes of the patriot sol- dier-the ornament of this beautiful spot on the banks of the Winooski appropriately backed by the Green Mountains on the East, and boldly facing-the Adirondacks on the West-in view of that rural retreat where at the age of fifty-two years he died, and of that beautiful and historic Lake which ninety-seven years ago bore him and his Green Mountain Boys to the bold assault up- on Ticonderoga, and which washes its interesting ruins. Yes, sir, long may it stand on its granite pedestal, through its coming centuries, to bear testimony to the high appreciation of a grateful people of one, who, with an ever active and daunt- less spirit, by the pen and voice as well as the sword, warred against the most desperate and powerful enemies successfully, and largely con- tributed to the establishment of a State and the Independence of a Nation! And when time and storms shall crumble this stately column and statue, as crumble they must, and the antiquarian of the future shall explore the ruins and develope
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the contents of the leaden casket they enclosed, may it be divulged to a free and noble people, who shall still recognize this Glorious Anniversary, and cherish the memory of Ethan Allen.
In Governor Julius Converse's response, hesaid, "As an assurance of the just appreciation with which this honored gift is received, in the name of the State I promise that the same shall be vigilant- ly guarded and tenderly cherished as long as the marble shall endure, or deeds of noble daring shall find admirers amongst the brave and the good."
In the days of Ethan Allen, despotic power and oppresion were seen and felt on every hand. His very soul rebelled against every tyrannical act of whatever sort. And when the news of England's first attempts, with force of arms at Lexington and Bunker Hill, to enslave America, came to his ears, it electrified his mind, and he was ready and fully determined to cast in his lot in the interest of American independence. The welfare of the world and the American cause needed men full of the spirit of liberty, and who possessed the dauntless courage to oppose the Kings and Potentates of earth in their mad career to trample on the rights of mankind. The world needed such men as Ethan Allen to roll back the tide of slavery, in- justice, oppression, and despotic barbarism, that the nations of the earth might move on under the banner of the free, and to a higher state ofciviliza- tion. Ethan Allen stood in the front rank ofthose who made it possible to establish the independence of Vermont as a separate jurisdiction and the free American Nation.
CHAPTER XV.
THE TRIAL OF STEPHEN AND JESSE BOORN FOR THE ALLEGED MURDER OF · RUSSEL COLVIN.
In the year 1819, Stephen and Jesse Boorn were arrested and tried in Bennington County, Vermont, for the alleged murder of Russel Colvin on May 10, 1812, at Manchester.
It appears that Stephen and Jesse Boorn and Russel Colvin had a quarrel May 10th, 1812, at Manchester, Vt., resulting in Colvin leaving the State, and was not heard from till after Stephen and Jesse Boorn had been tried and convicted of his alleged murder. The legal proceedings in the case and the evidence on which a conviction of the re- spondents was found, so far as I have been able to obtain it, was as follows: viz. "Lewis Colvin testi- fied that, grandfather was gone to the street. Grandmother sent me to Mr. Sacket's. I did not return till night, as I went to Matterson's to carry meat. I next saw Stephen and Jesse at night down at the house-heard nothing from them about Rus- sel's absence-heard Stephen say that on the day of the quarrel, Russel ran away to the mountain, and I did not hear Russel's name mentioned by them for a year. My mother had been gone over the mountain for some time. On the day of the quarrel, John was ploughing over the ridge, and when I ran home from the field, John was at home
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bating the team. I did not tell John of the quar- rel-do not know the reason.
Lewis Colvin cross examined by Mr. Skinner. I told this story just before snow went off, one Sunday night, to Mr. Pratt and Mr. Sheldon. Sall, never told me to tell this story-do not remember that Stephen killed the woodchuck the day Russel went off, nor anything about it. Do not know where Jesse lived at that time. He did not live at Briggs' at that time. John was ploughing on the flat this side of the lot where the boys were at work; do not remember where Rufus (a younger brother) was at the time. A month after the quar- rel, heard mentioned in the family of Russel's run- ning off-Stephen and Jesse were not present. Stephen told me he would kill me if I told of his striking Russel. This was at the door the day af- ter the quarrel. Lewis then said it was two days after.
Sallie Colvin. Better than four years ago Mr. Hitchcock told me I could not swear my child on any person if my husband was living. I went to my father's-stood in the stoop-Stephen told me I could swear the child, for Russel was dead and he knew it; and Jesse said I could swear it, but would not. When I returned from over the moun- tain, about five days after the disappearance of my husband, I asked Lewis where Russel was; he answered, gone to hell. I heard nothing at my father's what had become of my husband.
William Wyman. About three or four weeks before Colvin went off, Stephen came to my house and asked me if his father was obliged to support
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Colvin's young ones. I told him yes. Stephen asked if it was not hard, and further said if there was no one else to put a stop to it, he would, and he said it with an oath.
William Farnsworth. In conversation with Stephen, about two months ago, I questioned him about killing, cooking and eating the woodchuck, and if he was at home then, and told him that his parents had denied that it was so; he however said that it was so, and that his parents had sworn themselves to the devil, and that their con- dition was worse than his own. I told Stephen that Johnson had stated that he (Stephen,) Jesse, Russel and the boy were together picking up stones the day Russel went off, and that his father and mother had denied it, and stated that he and Jesse were not then at home. Stephen replied that it made no odds what his father and mother had sworn to, but that what Tom Johnson had sworn to was true. I advised him to confess the whole facts which he knew.
Silas Merrill, (a fellow prisoner and in chains,) stated, that in June last, Jesse's father came to the prison, and spoke to Jesse-after the old man went away, Jesse appeared much afflicted-we went to bed and to sleep-Jesse waked up, and shook me, and wanted that I should wake up-he was fright- ened about something that had come into the window; and was on the bed behind him-he stat- ed he wanted to tell me something, we got up and he went on to tell me, he said it was true that he was up in the lot together with Stephen, Russel Colvin and his son, picking up stones as Mr. John-
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son had testified-that Stephen struck Colvin with a club and brought him to the ground-that Col- vin's boy run, that Colvin got up, and Stephen gave him a second blow above his ear and broke his skull-that the blood gushed out-that his father came up, and asked if he was dead-they told him no, he then went off-soon after he came again and asked if he was dead, they told him no, and he again went off-soon after, the old man came the third time and asked if he was dead, they told him no-the old man said, damn him-Then he, Jesse, took him by the legs, Stephen by the shoul- ders, and the old man round the body, and carried him to the old cellar hole where the old man cut his throat, with a small pen-knife of Stephen's,- that they buried him in the cellar between day- light and dark, that hestood out oneside and kept watch-that a jack-knife was found which heknew was Russel's, that he had often borrowed it to cut fish-poles-two or three days after, Stephen had Colvin's shoes on-that he, Jesse, spoke to Stephen and told him that Sal. would know the shoes- that he saw no more of them -- the old man gave Stephen $100, and Stephen promised $25 of it to him. After Jesse was put into another room, when we were permitted to see each other, Jesse told me that he had informed Stephen of having told me the whole affair-Stephen then came into the room-I asked him if he did take the life of Col- vin. He said he did not take the main life of Col- vin, he said no more at that time. A week or ten days after, Stephen and I went up into the court room together-Stephen then said he had agreed
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with Jesse to take the whole business upon him- self, and had made a confession which would only make manslaughter of it-I told him what Jesse had confessed and he said it was true. Jesse told me, that in February, 18 months or more af- ter Colvin was buried, there came a thaw-that he and Stephen took up the body, secured the bones and remains in a basket and pulled up a plank in a place where they kept sheep, and put the bones under the floor-that the next spring the barn was burnt-that they took the bones and pounded them up and put them into a deep hole in the river-that the skull bone was burnt so that it crumbled to pieces, that his father scratched up some pieces and put them into a hollow birch stump near the road.
WITNESS CROSS EXAMINED BY MR. SKINNER .- Jesse, when he confessed the affair, did not say the body was removed anywhere till they carried it off as stated-that Jesse said Esq. Pratt was gone to talk with his wife, but she knew nothing about it .- Jesse wished me not to tell anything of what he said to me-I first told Mr. Pratt of Jesse's statement, if I recollect right-nobody was present in the court-room when Stephen told me as before mentioned-that Jesse one Sunday, when we were on the bed together told me he wished me to keep council, and that he understood that his wife had said something about keeping watch. I understood from Jesse that Russel struck Stephen first-that they had been jawing all the time the fore part of the day.
Mr. Attorney offers a written confession signed
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by Stephen Boorn, dated August 27th, 1819; but it appearing that some promises of favor had been made to him previous to the confession being made, it was rejected by the court.
WILLIAM FARNSWORTH was produced to prove what Stephen told him when he and Stephen were alone, about his being present when Russel was killed. He was objected to by respondent's counsel because it was subsequent to the proposition made by Esq. Raymond; and Mr. Skinner offered to prove other proposals and promises made to the prisoners, at other times, before the conversa- tion now offered to be proved.
The Court decided that the witness, Farns- worth, should be examined, and on preliminary examination, the witness stated that neither he, nor anybody else to his knowledge had done any thing directly or indirectly to influence the said Stephen to the talk he was now about to com- municate.
The witness states-That about two or three weeks after the written confession, Stephen told me he killed Russel Colvin, that there was a quar- rel, and that Russel struck at him, that he struck Russel and killed him, that he put him- into the bushes, that he buried him and dug him up, put the remains under the barn which was burnt, the bones were taken up and put into the river, just above the deep hole, that he scraped up the re- mains and put them into a stump, that he knew the nails which were found were Colvin's, that no person was present, that he perpetrated the whole business himself. I asked him about thejack-knife;
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he said it was Russel's, he knew it, as soon as he saw it. I told him the case looked dark, he re- plied, that if Jesse had kept his guts in they should have done well enough, that he put the pieces of bones under the stump through a hole between the roots and stamped the dirt down .- He said he wished he had back that paper, I asked him what paper: he said "Hav'ent you seen a paper I wrote?"
Here Mr. Skinner stated, that as Mr. Farns- worth had, contrary to his expectations, been al- lowed thus to testify, he now in behalf of the pris- oners, called for the written confession, which was read as follows, viz .-
"May the tenth, 1812, I, about 9 or 10 o'clock, went down to David Glazier's bridge, and fished down below uncle Nathaniel Boorn's, and then went up across their farms, where Russel and Lewis was, being the nighest way, and set down and began to talk, and Russel 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 close together, and I told him to set down, you little tory, and there was a piece of a 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 a half
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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 Rus- sel-I told him no, but he must not tell that we struck one another. And I told him when we got away down, Russel 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, & put him in four boards, on the bottom and on the top, and the other on the sides, and then covered him up and went home crying along, but I want afraid as I know on. And when I lived at William Boorn's I planted some pota- toes, and when I dug them I went there and some- thing I thought had been there, and I took up his bones and put them in a basket, and took the boards and put them on my potatoe hole, and then it was night, took the basket and my hoe and went down and pulled a plank in the stable floor, and then dug a hole, and then covered him up, and went in 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 Ilived under the west mountain, Lewis came and told me that father's barn was burnt up, the next day or the next but one, I came down and went to the barn
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and there was a few bones, and when they was at dinner I told them I did not want my dinner, and went and took them, and there want only a few of the biggest of the bones, and threw them in theriv- er 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 the 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 any body knew it, either friends or foes, even my wife. All these I acknowlege before the world. STEPHEN BOORN. "Manchester, Aug. 27, 1819."
It appeared from the testimony of a number of respectable witnesses, that a jack-knife and a but- ton were found at the old cellar-hole, which be- longed to said Colvin immediately previous to his disappearance-that a number of bones and two nails were found in a hollow stump, one of which was supposed to be a thumb nail, but the other nail and the bones were so decayed that it was not ascertained whether they were animal or human bones-that some bones were found at the cellar-hole which were not human bones-that the respondents had said that Russel had gone to hell, and that they had put him where potatoes would not freeze; and that they had made various state- ments concerning the transaction, sometimes stat- ing that they were present at the time of Colvin's
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disappearing, sometimes that they were at Paw- let, Rupert, Sandgate, and various other places.
The jury found both the respondents guilty, and they were sentenced to be executed on the 28th January, 1820.
Soon after the trial ended, a petition was sent to the Legislature, then sitting at Montpelier, for pardon or commutation of their punishment. The Hon. Judge Chase laid the facts before the Legis- lature, by their request, in a form of a report, and on the 15th of November, the house adopted the following resolution :-
"Resolved, That the prayer of Stephen and Jesse Boorn be so far granted, as to commute the punishment of death, for that of imprisonment for life, in the State's Prison at hard labor, in the case of the said Jesse Boorn, and that he have leave to bring in a bill accordingly; and that it is inex- pedient to grant any relief to the said Stephen." On the question, Shall the first clause of the resolu- tion be adopted, the yeas were 104-nays 31. On the second clause, yeas 94-nays 42. A bill was subsequently passed comporting with the first clause of the above resolution.
Stephen Boorn, on hearing that the Legislature had not granted him any relief, caused a notice to be published in the Rutland Herald, of the follow- import :-
"MURDER .- Printers of Newspapers through- out the United States, are desired to publish that Stephen Boorn, of Manchester, in Vermont, is sen- tenced to be executed for the murder of Russel Col- vin, who has been absent about seven years. Any
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person who can give information of said Colvin, may save the life of the innocent by making im- mediate 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."
What can be suposed were the feelings of the public on seeing the foregoing advertisement? Could any person believe that Colvin was alive, after having heard the confessions of the two pris- oners, that they had murdered him, buried him, dug up his bones, buried them under the barn, the barn afterwards being burned, and the bones tak- en up again and thrown into the river, Colvin's hat, button and knife found, Stephen with Col- vin's shoes on, and Colvin not heard of for more than seven years? But after all, it turns out that Colvin is still in "the land of the living," although various opinions were formed as to the correctness of the following letter published in the New-York Post.
Shrewsbury, Monmouth, N. J. Dec. 6. "To the Editor of the N. Y. 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 Russel 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
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county, and being inquired of, said his name was Russel Colvin (which name he answers to at this time)-that he came from Manchester, Vermont- he appeared to be in a state of mental derange- ment, but at times gave considerable account of himself-his connections, acquaintances, &c. He mentions the name 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 instature-round favored, speaks very fast, and has two scars on his head, and appears to be between 30 and 40 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 sup- posed to have been murdered. He is now living here, but so completely insane, as not to be able to give satisfactory account of himself, but the con- nexions of Russel 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 re- quest 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."
On the promulgation of the above letter in New York, the members of the corporation of the city sent a Mr. Whelpley, of that city, who was form- erly acquainted with said Colvin in Vermont, to
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New-Jersey to ascertain the fact. Mr. Whelpley, being satisfied that it was the same Colvin who was supposed to have been murdered, he was con- ducted to Manchester, through New-York, Albany and Troy, at which places the streets were literal- ly filled with spectators to get a peep at the mur- dered Colvin! On the 22d day of December, 1819, a large assembly of people from various towns ad- joining, had convened at Manchester to behold the entrance of Colvin into the town, in order to see the dead man, and hear his story! His entrance was announced by the firing of cannon, and Stephen Boorn was immediately released from prison, and his chains, to behold his old acquaint- ance !
Russel Colvin came to the house of William Pol- hemus, in Dover, Monmouth county, New-Jersey, in March or April, 1813, somewhat deranged and has lived there since until his removal as above stated; and after staying in Manchester a day or two, he returned back to New-Jersey. He did not give any particular account of the quarrel men- tioned in the trial, nor would he own his wife, from which circumstances some have supposed that he was not the man supposed to have been mur- dered, but some other person every way re- sembling the said Colvin; and I must confess, that if there had been no stronger proof of the re- turn of Russel Colvin to Manchester than that every person in Manchester formerly acquainted with him, knew him to be the same Colvin, I should have my doubts ; but on inquiring of the people of Manchester, and ascertaining that the
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man returned for Russel Colvin, would call the people who he was formerly acquainted with by their names and their titles, such as Esq., Capt., uncle, &c. my doubts are removed, and I am in the full belief of the said Russel Colvin having returned to Manchester as stated.
Various are the opinions relating to this mys- terious affair, but one thing is certain-that is, that Stephen Boorn, Jesse Boorn and Russel Colvin had a quarrel as stated by Thomas Johnson, and the Boorns' confessions, and I think also that Colvin received a bad wound from Stephen, and that Rus- sel went off without his hat and shoes unknown to Stephen or Jesse, and not being heard of for a number of years, Stephen and Jesse were no doubt of the opinion that Colvin had died of the wounds received from them. After they were examined and committed for trial, knowing they had told different stories about the transaction, and Colvin not being heard of, and others advising them to confess, they were induced to make the confessions and in such a way as to make Colvin the first ag- gressor, and if possible save themselves from the gallows.
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CHAPTER XVI.
THE TOWN OF JERICHO.
The town of Jericho in the County of Chitten- den was one of the one hundred and twenty-nine towns that were granted by Benning Wentworth, the Governor of New Hampshire, when that State claimed jurisdiction over the territory now called Vermont. The town is in lat. 44º-27', and long. 4,° 4'. The 129 towns were all granted between Jan. 2nd, 1749, and Nov. 4th, 1764. The grant for Bennington bears date on the 3d day of January, 1749 it being the first town granted. Jericho was granted the 7th day of June, 1763. The grant was in the words, figures and names following:
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