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8 XY. AMERICAN STATE TRIALS.

the time the act took place; and also that previous thereto
the murderer intended to commit the deed*

I desire in this opening to be very brief, and therefore shall
not dwell farther upon mere definitions of law. This indict-
ment contains two counts, The first charges the prisoner,
Worrell, with being the principal, who committed the act,
and that Bruff was aiding and abetting therein. The second
count charges Bruff as principal, and Worrell as accessory.
It makes no difference which did it, if both aided and were
present, In such case the law considers them both equally
guilty, as principals, and the result must be the same to each.

As far as I know the facta, they will be as follows:

Basil H. Gordon was an assistant engineer on the North
Missouri Railroad. He was a young man from Virginia, the
son of a widowed mother, and of @ noble, lofty and generous
character. In pursuance of his duty, he traveled with Major
Walker, the cheif engineer of the road, and Mr. Sturgeon, the
president of the railroad company, to the point where its
line intersects the Hannibal and St. Joseph Railroad. There
they parted. Messrs. Walker and Sturgeon went away to
Jefferson City. Mr. Gordon started to come back down the
line of road. He did not, however, arrive home. The weather
at the time was intensely cold. His friends finally became
‘uneasy at his protracted absence, They then began to make
inquiry. They found he had been seen at a certain point
with two men. After that the two men were seen without
him, mounted and leading a third horse. Search was then
made. The neighboring county became aroused, and much
excitement began to prevail. There was a general belief there
had been foul play. In the main road a little dog began scratch-
ing, and under the upper covering of snow found the be-
neath discolored, as though by blood. Near this spot it was
heard a new saddle had been found. One man, in search-
ing, must have stepped on the body. It was found near them,
eovered with brush and snow, stiff and frozen. A eoroner’s
inquest was held, when it was found he had been shot in the
back of his head. The bullet lodged in the brow, having

° Bower y, State, 5 Mo. 579.

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