Chapter XVIII

Crimes and Punishments.

 

Supreme Court, appointed Aug. 17, 1777), kindly turning to the unfortunate girl, asked her whether she had counsel, and receiving a shake of the head in reply, he ordered that the plea of "not guilty" be taken, assigning also counsel to defend her. The latter asked that the trial might be delayed until the following day, so that he would be afforded an opportunity to consult with his client and make preparation for her defense, a request which was immediately granted.

The next morning when court assembled the prisoner's counsel announced that he did not know, under the circumstances, what to do; that he had failed, despite his utmost efforts, to obtain a single word in answer to his questions from Elizabeth Wilson; that he was impressed that there was something in this case so exceptionally out of the ordinary course of crime, that the ends of justice might be reached and an endeavor made to fathom the mystery he asked the bench to defer the trial to the next court. Judge Atlee, knowing that to proceed meant conviction for the prisoner, in the goodness of his heart ordered that the trial should go over to the following term.

During the interval an effort was made to solve the mystery which shrouded the murder in obscurity, while, notwithstanding the terrible consequences that would ensue to her if she still remained obstinately silent was made plain to Elizabeth Wilson, not a word could she be induced to say respecting the crime, but every interview with her terminated in an outburst of tears, which would continue for hours. When her case finally came up for trial, although the sympathies of the court and lookers-on were decidedly with the prisoner, the evidence produced all led to the conclusion that she was guilty of the crime for which she had been indicted. Attorney-General Bradford, at the conclusion of the address of the prisoner's counsel, refused to marshal the evidence for the government, and when Judge Atlee came to charge the jury he turned to the accused and asked her, even at that late moment, to make some declaration, to say something in the terrible condition in which she then stood, but she merely shook her head, muttering, "I cannot! Jesus, have mercy on me!" Atlee, in his remarks, was brief, and simply defined the law of murder, without in any wise intimating to the jury his conclusions on the facts in the case. The latter, although no testimony had been offered for the defense, as an evidence of the general sympathy existing in the community, were several hours deliberating on the verdict, and it is related that as the foreman returned their finding, "Guilty," his voice was scarcely audible to those nearest him, notwithstanding the stillness in the court-room was intense. The judge immediately, as was then the custom, pronounced the sentence of the law, fixing the date of execution for Wednesday, the 7th of December, 1785.

While the friendless girl - for her parents, who had not forsaken her in her misfortune, now turned from her when she was charged with murder, and had remained obstinately silent as to the accusation - was on trial, her only brother, William Wilson, was employed on a farm in a retired part of Lancaster County, and, as news traveled slowly in those days, he was absolutely ignorant of the great danger in which his sister was then placed. But one morning, less than a week before the time fixed for her execution, William, while engaged in his ordinary labor, suddenly stated to those with whom he was at work that he must immediately go to Chester, for he was wanted there. When he repaired to the house and informed his employer (Dr. Fahnestock's grandfather, and the doctor narrated this incident), the latter strove to persuade him to remain, and desired to know why he was so anxious to go at that time. William merely responded, "I do not know, but I must go and find out what it is." And he immediately set out for Chester, stopping as he journeyed thither at his father's house, where he learned for the first time of the children's birth, their death, and that Elizabeth had been indicted, tried, and in a few days would be hanged for their murder. Without further delay he hastened to Chester, reaching here on the afternoon of Monday, the 3d of December, hardly forty-eight hours before the time designated for her execution. The imprisoned girl had been daily visited, after her sentence, by Elder Fleeson and the rector of St. Paul's Church, and the former stated to Dr. Fahnestock that her constant prayer for several days before her brother actually came was that the Lord would direct William to her in her great extremity. As soon as the latter had access to the prison, although he had partly promised his father that he would make no effort to have an interview with the woman who had brought such deep sorrow to her aged parent, and after the excitement consequent on his visit had in a measure subsided, Elizabeth stated that she had something to communicate to him in private. He, however, replied that if it was purely a personal matter, he would consent, but if it was aught relating to the crime, he would not hear her unless two other witnesses besides the clergymen who were with her were present. It was court-week, and her brother requested Judge Atlee, Attorney-General Bradford, Sheriff Gibbons, and the prisoner's counsel to come to the cell, and in their presence, at the repeated solicitation of William Wilson, the condemned woman made a full confession, the substance of which was as follows:

That when she visited Philadelphia after the birth of her children, at the interview she had with her "undoer," he promised to meet her at Newtown Square on the Sunday following, at which time they would be married, and he would provide for the mother and her offsprings. On the day designated he met her, but it was several miles beyond the place appointed, where the road led through a dense woods. He received her with warmth of manner, and re-

 

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