The Virginian

CIRCUMSTANTIAL EVIDENCE.

A silly attempt to lessen the weight of circumstantial evidence in criminal cases, is now making in the newspapers. A story of the execution of John E. Hamilton for the murder of Dr. Sanderson, in Kentucky, in 1818--of which crime he is now said to be innocent--is got up for this purpose; and from the manner in which it is told is well calculated to awaken our sympathies, and induce a general sentiment of pity for the unfortunate sufferer. Like most of our brother editors, we were imposed upon by it, and last week copied it into the Republican. We have since had a conversation with a gentleman of this county, who was in Kentucky at the time of the trial, and has a distinct recollection of all the circumstances of the transaction. He could not (nor will our readers) resist the irresistible conviction that Hamilton was the murderer, and a more diabolical murder has seldom been committed in our country, or recorded in our annals.

Hamilton was what is termed a horse jockey, whose vocation led him into Mississippi, where on one occasion he became acquainted with Dr. Sanderson. He was confined by sickness at his house, where he remained some time, receiving the greatest kindness from the family. On his recovery he was informed by Dr. S. that he wished to make a trip into Kentucky to purchase a few additional negroes to work his cotton plantation, and at the solicitation of H. he agreed to take his (H.'s) father's house in the way, Hamilton adding that negroes could be had cheaper in his neighborhood than anywhere else in Kentucky. They remained together at the older Hamilton's a few days, during which time H. formed his diabolical purpose of murdering his benefactor, and borrowed a pistol of Maj. --, for that purpose. When all things were ready for their journey, they set off together to purchase the negroes. Hamilton taking his unsuspicious friend through a by-path, under a pretence that they would reach the main road much earlier. On their way, they passed a cabin, when they were seen by a woman, and Hamilton recognized. On reaching the place designed by Hamilton for his purpose, Dr. S. was supposed to have been a little before, and H. to have fired his pistol, and the ball which entered the back part of his head and came out of his forehead. Sanderson fell, and the horse ran back by the cabin, followed by Hamilton, who overtook him, and returned to his deadly work. This was also seen by the woman, who heard the report of the pistol, but supposed it was a hunter who fired, and that the stranger had accidentally been thrown. Hamilton is supposed to have then beat out Sanderson's brains with the but-end of the pistol, in doing which he broke it, and threw it away. After rifling the deceased he buried him in one of those pits with which the country abounds; and as by this time his pantaloons had become bloody, he took them off, hid them in a hollow log, and returned home with both horses. Some time passed over, and all seemed tranquil. "Murder, however, will out." Not long afterwards, a neighbor calling at the older Hamilton's, saw Dr. S.'s horse, and asked if it had not belonged to him. "Oh no, (was the answer) that is a stray horse belonging to Mr. ---, up the river." The man seemed satisfied, but was far from being so. He made a journey up the river, to the house of the person named, and learned from him that he had never lost a horse. This looked suspicious. The circumstance was whispered around: and then the idea first occurred that Sanderson had been murdered. The neighbors sallied out with alacrity, and a general search was made. They ascertained the direction taken on leaving Hamilton's--came to the cabin--heard the story of the woman--continued the search--found the identical pistol borrowed by Hamilton of Major --, broken--afterwards found the bloody pantaloons--then found Sanderson's hat, (in the crown of which was a memorandum of the amount and description of money in his possession) and at last found the body of the deceased in the pit where he was buried. A warrant was immediately issued, and Hamilton arrested. He was tried at the next assizes for Barron county, and was defended by the ablest counsel in that country, to whom he gave $1000 dollars, with a condition that another thousand would be given if he succeeded in clearing him. All, however would not do. The woman's testimony, Sanderson's horse, the borrowed pistol, the bloody pantaloons, the memorandum in the hat, which described exactly the money afterwards deposited in bank by Hamilton, all tended conclusively to establish his guilt; and, after a fair and impartial trial, he was condemned and executed.

Dr. Sanderson was well known in this part of Virginia. He married in Shepherdstown, where he has many connexions still living, and migrated to the cotton country of the Mississippi about the close of the late war.

Winchester Rep.