Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-09-13
DOMESTIC INTELLIGENCE.
From The Sfannion Spectator.
THE BATH TRAGEDY.
Trial and conriction Of The Wanderers.

such painful sensation in the public mind and
has given rise 10 many contradictory rumots, that
have thought ii mig ht not be unin,ercsng 70 ma
ny OF your readers 10 have full account of the case
as developed by the testimony on the trial of the
muidcfers. Having been present the occasion,
| now Offer you my recollection of the general tcuor
of the evidence, hoping thaif II is incorrect in any
particular the nacruracy will be attributed 10 defect
of memory, rather than To any disposition on my
pant wilinlly TO peveu msremcscut the facts.
| The Trial took place on "Wednesday, the 2ond Of
August, NJ the Warm Springs, IN the presence of n
large crowd OF persons Of both sexes, including n
number OF strangers who were vlslters At the springs
| The court consisted of nine ngstrates, aud the
prisoners were arrairncd aud tried separately but Is
tho evidence was the relation to two of hem
lhcv were by consent, tired NJ the same time
though the records exhibited separate atraignmcnts
trials and judgments. The prosecution was eonduc-
dby WILLIAM II. TrnHuLl, Esq. of Bath, who ac.
ted as the attorney for the Commonwealth, in the
place OF Mr.. Maysc, the father of the deceased chill
drcn, who is the regular representative of the Com
monwe alth. The defence WAS managed by ALrx'n
II. II. STUART Esq. of staunton, who was assign
ed as counsel Tor the prisoners by the court.
Some account of the murder hns already been Civ
en- TO the public. On Friday the 10Th of August
two litle daup htcrs Of MIR. Maysc one aged some
thing more than seven years, and the other proba-
bly, from IL 10 Is months younger, WHO had been
going to school Tor ,imc about three quarters
OF mile from their fathers house in Bath
county, falling to return home at the usual time
their mother became uneasy AT their delay, and
ed search 10 be made for them suppos'ng they had
straycd oil for the purpose OF gathering wild bcr-
res aud had lost their Her alarm was incrcas-
ed by the fact that her husband was absent AT the
Hot Springs, and night was fast approaching For
some time the search was unsuccessful but ~ length
the children were found lying dead, near the road
by which their father must necessarily pass on his
return home with their threats from ear 10 ear.
Suspicion attached to three negroes, viz a
man named Andrew, a woman named Lucinda and
a girl about IL years old, named Caroline, all Of
whom belonged To Mr. Maysc.-A coroneI's inquest
was held over the bodies. aud great deal Of esl-
inony was examined, which so confirmed the pre-
vlous suspicious, that the three negroes were
arrested aud committed to JAIL aud warrant issued 10
convene court for their thai on the 22Gd OF August.
Immediately after The arrest, Caroline, the girl,
made disclosure, eliminating Lucinda. who was
her own mother, and the man named Andrew.
On the 22nd of August The court assembled, and
two of the prisoners, Andrew and Lucinda, were
brought to the bar aud separately anaigncd. The
counsel then proceeded TO open the fully both
Sides explaining the principles OF law aud evidence
| applicable to tho case, and stating the points on
which they should respectively rey.-When the
case was fully presented, the attorney for the com
monwealth offered 10 introduce the girl Caroline, as
witness for the prosecution. The counsel for the
prisoner objected TO her being sworn as witness
without preliminary examination to ascertain whcth-
er she had sufficient idea of the nature OF oath
and its obi cations, TO render her a competent wit
ness. This objection seemed to take the attorney
for The commonwc ath by surprise, and to create n
good deai OF uneaancss III the minds OF the bysan-
ders because il was care! hat owing to her cx-
temc Ignorance she might not upon lie EXAMINATION,
exlbi, sufficient OF religious principle to req
der her a competent witness, and rs her evidence
was the most material, the prisoners might thereby
escape punishment. An animated discussion took
place on this point, in the course of which, the no
vel question mooted whether under the laws OF
N IL I'D In bp INN Ia
slave, or whether the charge, which is required tob
gwen by the court, Is not IN lieu OF the oath The
question however, not decidedly the court the
counsel agreed that it should be postponed until
after the witness questioned, To ascertain hei
sense Of the sanction OF an oath. She was according
ly brought into Court, aud having in reply to the
question, " what would become OF her if she swort
to e,' stated that" she would go the bad place,
The counsel for the prisoners waived his objection
10 her competency, and she was duly sworn ant
charged.
Upon her examination she stated that on the even
ing OF the murder, Lucinda, her mother, left tht
house Of her MASTER for the ostensible purpose o
gathering black berries As she went from the house
she told the witness that she 20 down towards
the SCHOOL, house, and meet the children, they
came from school, and bring them up to the gate
over the hill, and that she would slew them auoth
er blackberry patch. The witness accordingly tool
the child Of Mr.. Mayse, which she nursing, a
bout Is months old and went towards the shcool
home. She readily persuaded them 10 accompan,
her to the place designated, which about 40t
yards from the house Of Mr.. Mayse, on the side o
the road, and near the gate which led into one o
his fields. The ground on one side of the road, Al
this point, was in forest, aud the other clear
ed, with the exception of bushes, which had grown
up IN the field. The situation was quite public fol
that remote section of the country, as The road wa
occasionally good deal travelled
When the witness reached the point DIES grated sh,
found the prisoners Lucinda and Andrew, waitin.
Tor them, the latter leaning on the fence, with hi
shirt-seeves rolled up to his shoulders. Almost i'm
mediately upon their reaching the spot, Luoind
seized the eldest child, who finding herself rough
y handled, begged Lucinda not 10 hunt her, as sh,
had never done her any harm. Lucinda made M
reply this prayer for mercy, but catching hold
the head Of her victim she drew il violently back so
to leave the throat fully exposed and standing behnt
her held her firmly in this position until Andrew
with a single stroke of n shoemaker's knife cut he
throat almost from ear to ear. Lucinda then relin
qushed her hold, aud the poor little innocent witt
ITS eyes rolled upwards in agony, and with upet
hands, staggered forward, describing in her course
half circle with the blood spoutIng from every vein
and artery, until she fell PROSTATE upon her face ant
expired without groan. The other little victim ter
rifed beyond expression, lat the horrible which
she had lust witnessed, fled into of the fence
and with oustrrlched arms implored for mercy. Blu
she might as well have appealed TO hungry tigers
Andrew rushed upon her dragged her forth from he
place OF refuge and handed her over to Lu cinda
who held her in the same position in which he
sister had met her horrible fate and Andrew, will
the same instrument Of death, 10 use the language
the witness, " sawed at her neck for time" un
La .nlC II.