WEBVTT - Season 6 Episode 11 Extra: Habeas Corpus

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<v Speaker 1>Welcome to Unexplained Extra with me Richard McClain Smith, where

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<v Speaker 1>for the weeks in between episodes, we look at stories

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<v Speaker 1>and ideas that, for one reason or other, didn't make

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<v Speaker 1>it into the previous show. In last week's episode, slide Away,

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<v Speaker 1>we journeyed into the so called Bennington Triangle in the

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<v Speaker 1>Green Mountains region of Vermont in the United States to

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<v Speaker 1>hear the tragic story of eighteen year old Paula Jean Weldon,

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<v Speaker 1>who disappeared around there in November nineteen forty six. The

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<v Speaker 1>term Bennington Triangle was coined due to a spate of

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<v Speaker 1>unexplained disappearances that occurred in the region between nineteen forty

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<v Speaker 1>five and nineteen fifty. Weldon was one of four who

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<v Speaker 1>vanished without trace during this time. To make things a

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<v Speaker 1>little more eerie, the third person to vanish after her,

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<v Speaker 1>James Tedford, who was last seen on a bus heading

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<v Speaker 1>to the town of Bennington in nineteen fifty, disappeared precisely

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<v Speaker 1>three years to the day that Paula went missing. Further

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<v Speaker 1>to this, there was in fact a fifth individual named

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<v Speaker 1>Frieda Langer, who also disappeared in nineteen fifty. However, her

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<v Speaker 1>body was eventually found a year later. Other reports of

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<v Speaker 1>strange vanishings have also entered the narrative, including the tale

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<v Speaker 1>of three men said to have mysteriously disappeared while out

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<v Speaker 1>hunting near Glastonbury Mountain in nineteen forty eight, and a

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<v Speaker 1>thirteen year old boy named Melvin Hills who went missing

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<v Speaker 1>in nineteen forty two. As others have pointed out, the

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<v Speaker 1>hunters in fact emerged safe and well the day after

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<v Speaker 1>being declared missing, having been stranded on the mountain for

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<v Speaker 1>just one night. As for Melvin Hills, or Hill Even,

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<v Speaker 1>he was eventually found riding his bicycle in Massachusetts a

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<v Speaker 1>few weeks after his supposed disappearance. There are plenty of

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<v Speaker 1>other stories, however, that successfully lent themselves to the Triangle mystique,

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<v Speaker 1>such as the report of a stagecoach that was apparently

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<v Speaker 1>attacked by a huge and terrifying creature sometime in the

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<v Speaker 1>nineteenth century while en route between the towns of Woodford

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<v Speaker 1>and Glastonbury. But perhaps the strangest and most mysterious story

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<v Speaker 1>of all was that which took place in the early

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<v Speaker 1>eighteen hundreds, which ultimately led to the first officially recorded

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<v Speaker 1>case of the wrongful conviction for murder in the United States,

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<v Speaker 1>but was it. The year was eighteen twelve in the

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<v Speaker 1>town of Manchester, one of the recent spate of towns

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<v Speaker 1>alongside Bennington that had been established in the area by

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<v Speaker 1>the colonial governor of New Hampshire. Bennington Wentworth. Like most

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<v Speaker 1>European settlers who came to the area, the family were

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<v Speaker 1>people of the land who'd worked hard to establish themselves

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<v Speaker 1>as successful sheep and potato farmers. The job was very

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<v Speaker 1>much a family business, with family patriarch Barney Bourne keen

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<v Speaker 1>to involve both sons and daughters on the farm, at

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<v Speaker 1>least until his daughters could be married off. Things became complicated, however,

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<v Speaker 1>when his second older's daughter, Sally, became involved with the

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<v Speaker 1>local man named Russell Colvin. Described as a flighty drunk

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<v Speaker 1>who struggled to hold down work, Colvin could not be

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<v Speaker 1>relied on to support his wife, a situation that only

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<v Speaker 1>became worse when the couple had children. In an effort

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<v Speaker 1>to help, Barney is said to have offered the couple

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<v Speaker 1>the opportunity to live rent free on the farm, while

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<v Speaker 1>also giving Colvin a job there for as long as

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<v Speaker 1>he needed it. Needless to say, this did not go

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<v Speaker 1>down well with Sally's brothers, twenty three year old Stephen

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<v Speaker 1>and nineteen year old Jesse, both of whom had to

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<v Speaker 1>pay their own way elsewhere. Added to the fact that

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<v Speaker 1>both despised the way Colvin treated their sister, constantly walking

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<v Speaker 1>out on her for months at a time without telling

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<v Speaker 1>her where he was going, it was clear to many

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<v Speaker 1>that trouble was steadily brewing. When Colvin disappeared suddenly on

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<v Speaker 1>May tenth, eighteen twelve. No one at first thought anything

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<v Speaker 1>of it, after all, he'd done it countless times before,

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<v Speaker 1>but when a few months turned to years, some began

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<v Speaker 1>to wonder if the born brothers might have had something

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<v Speaker 1>to do with it. In eighteen fifteen, Sally got pregnant again,

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<v Speaker 1>this time to another man, the problem being that, since

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<v Speaker 1>she was still technically married to Russell, the other man

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<v Speaker 1>had no legal requirement to provide any child support. But

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<v Speaker 1>Sally wasn't to worry. According to her brother, Stephen allegedly

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<v Speaker 1>tell her that her husband was long dead and had

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<v Speaker 1>been put deep in the ground. Whether potatoes don't freeze,

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<v Speaker 1>Whether there was any truth to this, however, or whether

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<v Speaker 1>it was just talk, as Stephen later claimed, would take

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<v Speaker 1>a few more years to come out, and it all

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<v Speaker 1>started with a dream. It was sometime seven years after

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<v Speaker 1>Russell Colvin's disappearance in eighteen nineteen that his uncle Amos

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<v Speaker 1>awoke in a cold sweat one morning, claiming to have

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<v Speaker 1>been visited by his nephew in a dream. The visits

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<v Speaker 1>occurred over a number of nights, during which Amos was

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<v Speaker 1>apparently informed by Russell's ghost that not only had the

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<v Speaker 1>born brothers murdered him, but he could also lead Amos

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<v Speaker 1>to the precise spot where they'd buried his body. Sure enough,

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<v Speaker 1>after alerting the authorities, Amos led them out into the

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<v Speaker 1>middle of one of the Bourne's fields to the place

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<v Speaker 1>he'd seen in his dream, an old cellar hole about

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<v Speaker 1>four foot long, where a farm building had once stood.

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<v Speaker 1>That morning, Russell's wife, Sally, watched expectantly as pile after

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<v Speaker 1>pile of dirt was dug out of the hole, but

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<v Speaker 1>no body materialized. Instead, they found only some crockery, a penknife,

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<v Speaker 1>a jackknife, and a floral shaped button within the dirt.

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<v Speaker 1>But when Sally was called over to examine the pieces,

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<v Speaker 1>she gasped in horror the items all belonged to her husband.

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<v Speaker 1>She claimed it was only a few days later, when

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<v Speaker 1>a devastating fire mysteriously broke out on the Born farm,

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<v Speaker 1>destroying an entire sheep barn. One morning soon after, a

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<v Speaker 1>young boy was walking his dark when the dog became

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<v Speaker 1>suddenly excited at the base of a tree stump close

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<v Speaker 1>to where the ruins of the barn were still smoldering.

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<v Speaker 1>When the boy went over to investigate, he was horrified

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<v Speaker 1>to find what looked like charred human bones protruding out

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<v Speaker 1>of the ground. When a team of physicians later confirmed

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<v Speaker 1>that the bones were indeed human, the Born brother's fate

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<v Speaker 1>was sealed clearly on hearing about Amos's dream. They'd moved

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<v Speaker 1>Russell's remains to the barn and set the whole thing

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<v Speaker 1>on fire. When that hadn't destroyed them completely, they attempted

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<v Speaker 1>to hide them elsewhere. By then, Stephen appeared to have

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<v Speaker 1>fled the state, so only Jesse was arrested. Over the

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<v Speaker 1>next few days, law enforcement officials tried unsuccessfully to extract

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<v Speaker 1>a confession. Jesse's cell mate, Silas Merrill, however, claimed to

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<v Speaker 1>have succeeded in doing the job for them, and in

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<v Speaker 1>return for his release, he promised to tell them everything,

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<v Speaker 1>to which the county agreed. According to Merrill, Jesse told

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<v Speaker 1>him that it was Stephen who first attacked Brussell, hitting

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<v Speaker 1>him over the head with a wooden club. Their father, Barney,

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<v Speaker 1>had then finished the job by slitting his throat after

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<v Speaker 1>he heard the men fighting and came over to see

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<v Speaker 1>what was happening. Confronted with this version of events, Jesse

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<v Speaker 1>finally confessed to the crime, perhaps hoping for a reduced

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<v Speaker 1>sentence and that Stephen wouldn't be caught. However, he amended

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<v Speaker 1>Merrill's story to say that Stephen had orchestrated everything and

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<v Speaker 1>that their father had nothing to do with it. When

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<v Speaker 1>Stephen was eventually arrested himself a few weeks later, Jesse

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<v Speaker 1>recanted his confession, but the damage had already been done.

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<v Speaker 1>What makes a Murderer's Mind tick? Killer Psyche is a

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<v Speaker 1>true crime podcast from Wandry that explores these types of

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<v Speaker 1>questions about the crimes that killers and criminals commit. Killer

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<v Speaker 1>Psyche covers high profile cases that shocked the world, and

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<v Speaker 1>host Candice de Long uses her five decades of experience

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<v Speaker 1>dissect the motivations and behaviors of the most terrifying felons

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<v Speaker 1>in history, and you'll definitely want to listen to a

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<v Speaker 1>recent episode of Killer Psyche where Candice looks into the

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<v Speaker 1>mysterious murder of Ted Ammon, a wealthy Wall Street financier.

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<v Speaker 1>Ted had been going through a divorce with his wife

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<v Speaker 1>of thirteen years, Generosa, and child custody and millions in

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<v Speaker 1>assets were at stake. Generosa and her new boyfriend Danny

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<v Speaker 1>Pelosi were the prime suspects, but Generosa died of cancer

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<v Speaker 1>before police could prove her involvement. In twenty oh four,

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<v Speaker 1>Danny was convicted of second degree murder, but still maintains

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<v Speaker 1>his innocence. How does hatred drive a person to murder

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<v Speaker 1>the father of their children? Listen to Kill a Psyche

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0:10:13.120 --> 0:10:22.880
<v Speaker 1>Wandry app As it transpired, a second examination of the

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<v Speaker 1>bones found by the tree stump concluded that they weren't

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<v Speaker 1>human after all. However, owing to Jesse's confession, the Born

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<v Speaker 1>brothers were promptly put on trial for murder. Stephen's constantly

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<v Speaker 1>changing story didn't help either, After first stating that he

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<v Speaker 1>and Jesse weren't even working the same farm when Russell disappeared,

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<v Speaker 1>before saying they had, in fact all had dinner together

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<v Speaker 1>the night that Russell got up to leave the table

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<v Speaker 1>and was never seen again. Multiple witnesses came forward to

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<v Speaker 1>attest to the fractious relationship between the men, and when

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<v Speaker 1>Russell's own son, Lewis, testified that he'd seen Stephen strike

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<v Speaker 1>his father over the head with the club, the game

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<v Speaker 1>was up. In the end, Stephen too confessed, claiming he'd

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<v Speaker 1>merely acted in self defense. It took the jury just

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<v Speaker 1>over an hour to find both defendants guilty of murder.

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<v Speaker 1>Although at first sentenced to hang, Jesse's sentence was eventually

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<v Speaker 1>reduced to life imprisonment, but Stephen was not so lucky.

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<v Speaker 1>He was sentenced to hang on January twenty eighth, eighteen twenty.

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<v Speaker 1>As the ominous day drew nearer, Stephen, who despite his

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<v Speaker 1>confession maintained his innocence, attempted one last throw of the

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<v Speaker 1>dice to prove it, and so it was that in

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<v Speaker 1>November eighteen nineteen, he instructed his lawyer to place an

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<v Speaker 1>advert in the paper asking any one to come forward

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<v Speaker 1>who might have seen Russell Colvin a lie in the

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<v Speaker 1>last seven years. Then, incredibly, somebody replied in a letter

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<v Speaker 1>written to the New York Evening Post who syndicated Stephen

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<v Speaker 1>Bourne's plea. A man named tab Or Chadwick claimed that

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<v Speaker 1>he was in the lobby of a hotel in New

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<v Speaker 1>York when he overheard a group of men discussing the

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<v Speaker 1>Bourne's case. Chadwick was writing because he believed the description

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<v Speaker 1>of Russell Colvin in the advert matched the description of

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<v Speaker 1>a man who was living in Dover, New Jersey with

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<v Speaker 1>his brother in law at the time. Chadwick's letter was

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<v Speaker 1>published on December sixth, where it was in turn read

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<v Speaker 1>by another man named James Wellpley, who came forward as

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<v Speaker 1>one of the men that Chadwick had apparently overheard talking

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<v Speaker 1>about the case in the hotel lobby. Wellpley was originally

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<v Speaker 1>from Manchester and was well aware of Russell Colvin. It

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<v Speaker 1>was late in December when news reached Manchester that Wellpley

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<v Speaker 1>had not only managed to locate the man that Tabor

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<v Speaker 1>Chadwick believed to be Russell Colvin, but that the man

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<v Speaker 1>was in fact Russell Colvin. On December twenty second, only

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<v Speaker 1>a month before Stephen Bourne's execution date. A stagecoach pulled

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<v Speaker 1>up outside the Black Tavern in Manchester in front of

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<v Speaker 1>a heavy and expectant crowd, from out of which stepped

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<v Speaker 1>James Wellpley and the apparent Russell Colvin, returning to Manchester

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<v Speaker 1>after being assumed dead for seven years. It is said

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<v Speaker 1>that Colvin recognized people in the crowd and even conversed

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<v Speaker 1>with a number of them, who all happily verified his identity.

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<v Speaker 1>Colvin did, however, failed to recognize his own children when

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<v Speaker 1>they stepped forward to greet him, and when asked about

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<v Speaker 1>his wife, stated simply that that was all over now,

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<v Speaker 1>all of which was quickly washed over. When a few

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<v Speaker 1>minutes later Stephen Born was presented to him with his

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<v Speaker 1>hands and feet in chains, Colvin reportedly looked on confused

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<v Speaker 1>and asked what on earth he was in chains for,

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<v Speaker 1>to which Stephen replied frankly, because they say I murdered you.

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<v Speaker 1>Colvin screwed up his face and made plain to all

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<v Speaker 1>who were there that Stephen and his brother Jesse had

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<v Speaker 1>done no such thing. Clearly, as most concluded, a terrible

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<v Speaker 1>injustice had been meted out to the Born brothers. As

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<v Speaker 1>a result, the pair were quickly retried and acquitted of

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<v Speaker 1>all charges before finally being set free. As for the

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<v Speaker 1>newly returned Russell Colvin, he remained in Manchester for a

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<v Speaker 1>little over a week before leaving again, never to return

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<v Speaker 1>and there, according to many, the story is said to end.

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<v Speaker 1>According to Michael Dooling, however, writing in his twenty eleven

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<v Speaker 1>book Clueless in New England, it was some forty years

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<v Speaker 1>later when an undercovered Deputy US Marshall, attempting to infiltrate

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<v Speaker 1>a gang of counterfeiters, got talking to one of the gang,

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<v Speaker 1>who went by the name of Jesse Bourne. At some point, Borne,

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<v Speaker 1>who would have been in his late fifties by then

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<v Speaker 1>got to talking about past crimes, recalling with a slight

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<v Speaker 1>twinkle in his eye, the crazy time that he and

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<v Speaker 1>his brother murdered their brother in law and got away

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<v Speaker 1>with it by using an impostor to claim the man

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<v Speaker 1>was still alive. If you enjoy Unexplained and would like

0:15:52.320 --> 0:15:55.200
<v Speaker 1>to help supporters, you can now do so via Patroon.

0:15:55.760 --> 0:15:58.840
<v Speaker 1>To receive access to add three episodes, just go to

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<v Speaker 1>patron dot com forward slash Unexplained Pod to sign up. Unexplained,

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<v Speaker 1>the book and audiobook featuring ten stories that have never

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<v Speaker 1>before been covered on the show, is now available to

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<v Speaker 1>buy worldwide. You can purchase through Amazon, Barnes and Noble,

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<v Speaker 1>and Waterstones, among other bookstores. All elements of Unexplained, including

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<v Speaker 1>the show's music, are produced by me Richard McClain smith.

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<v Speaker 1>Please subscribe and rate the show wherever you listen to podcasts,

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<v Speaker 1>and feel free to get in touch with any thoughts

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<v Speaker 1>or ideas regarding the stories you've heard on the show.

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<v Speaker 1>Perhaps you have an explanation of your own you'd like

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<v Speaker 1>to share. You can reach us online at Unexplained podcast

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<v Speaker 1>dot com or Twitter at Unexplained Pod and Facebook at

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<v Speaker 1>Facebook dot com, Forward slash Unexplained Podcast