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Martinsburg, Berkeley County, West Virginia
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Negro Harry convicted in Romney Court of raping and attempting to murder 11-year-old Margaret Nelson; sentenced to hang on January 12. Victim testified after recovery. Case highlights risks of circumstantial evidence, as suspicion might have fallen on Mr. Robinson instead.
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The little girl, whom he had so badly injured, and left lying on a stone pile in the woods, where her friends found her next day, with her skull fractured in three places, had so far recovered on Monday, as to be able to attend at the Court House, and give evidence against the black demon in human shape.
The evidence adduced upon the trial, was in substance, that the girl, Margaret Nelson, left her mother's dwelling to visit a neighbor, and on her return was accompanied by a Mr. Robinson, and a short distance from the place where she was found, Robinson separated from her, and took a road more direct to his own dwelling.
If the girl had been found dead, on whom would suspicion have rested? we answer, on Mr. Robinson. No one thought of the negro—Robinson was seen last with her, not far from the place where she was found. And alone upon the information furnished by the young lady, was the negro arrested.
The records of our criminal Courts have many melancholy instances of the innocent being condemned upon circumstantial evidence, as weak as this would have been—and though a conviction may not have been the result, yet suspicion and malice would have placed him in a delicate situation.
This case illustrates in some measure the necessity of observing caution and a strict adherence to that merciful rule which requires that ninety and nine guilty ones should escape, rather than one innocent man should suffer.—Maryland Advocate.
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Location
Romney Court
Event Date
Monday Last; 12th Day Of January Next
Story Details
Negro Harry tried and convicted for raping and attempting to murder 11-year-old Margaret Nelson, who testified after recovery from skull fractures; sentenced to hang on January 12. Evidence showed she was last seen with Mr. Robinson before the attack; case warns of circumstantial evidence risks.