Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1838-09-06
For the Spectator.
THE BATH TRAGEDY,
Trial and conuiction of the Murdsrer

MR.. EDlTOR.-The horrid murder OF
the two little children of MIR. Mayse.
has naturally created such painful sen.
sation In the public mind. aud has given
rise TO so many contradictory rumors,
that l have thought it might not be un,
interesting to f.iany of your readers to
nave full account Of the case, as devel-
oped by the testimony on the trial of
the mudrerers. Having been present on
that occasion. l now offer you nv recol-
lection of the general tenor of the evi>
dence, hoping that if it is incorrect in
any particular, the inaccuracy will be at
tributed to a defect of memory, rather
than to any disposition on my part, vii.
FULLY to pervert or misrepresent the
facts.
The trial took place ON Wednesday,
the S2nd OF August, at the Warm Springs,
IN the presence Of large crowd of per
sons OF both sexes, including q number
oil strangers who were visiters at the
springs. The court consisted of nine
magistrates, and the prisoners were ar.
raigned and tried separately, but as the
evidence was the same in relation TO two
OF them, they were, by consent, tried at
the same TIME. though the records ex-
hibited separate ATTACHMENTS, trials and
Judgments.-The prosecution was con-
Quoted by WILLIAM II. TERRILL, Esq.
OF Bath. who acted as the attorney for
the Commonwealth, in the place OF Mr..
Mayse, the father Of the deceased chill.
dren, who is the regular representative
oil the Commonwealth. The defence
was managed by ALEx'R. II. II. STUART,
Esq, Of Staunton, who was assigned as
counsel for the prisoners by the court
Some account of the murder has al
ready been given to the public. On
Friday the 10th of August, two little
daughters of Mr.. Mayse, one aged some,
thing more than seven years, and the
other probably from IL to Is months
younger, who had been going to school
for some time, about three quarters of n
mile from their fathers house in Bath
county, failing to return home at the W.
sual time, their mother became uneasy
at their delay, and caused search to be
made for them, surprising they had stray :
ed of for the purpose of gathering wild
ferries and had lost their way. Her a
larm was increased 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 at length, the children were found
lying dead, near the road by which their
father must necessarily pass on his re-
turn home, with their throats cut from
| ear TO ear. Suspicion Som attached to
three negroes, viz: man named An
drew, woman named Lucinda, and a
girl about Ii years old, named Caroline.
sIl of whom belonged to Mr.. Mayse.-
A coroner's inquest was held over the
bodies, and a great deal of testimony
was examined, which SO confirmed the
previous suspicious, that the three ne
groes were arrested and committed to
Jail, and warrant issued to convene
court for their trial on the 22nd of Au.
gust. Immediately after the arrest,
Caroline, the girl, made discI osure,
eliminating Lucinda who was her own
mother, and the man named Andrew.
% the 22nd Of August the court assem-.
bled, and two of The prisoners, Andrew and
Lucinda, were brought to the bar and sepa-
ra,ely arralgned. The counsel then procee.
ded 10 open The case fully on both sides, ex.
pisining the principles of law and evidence
applicable TO The case, and stating the points
on which they should respectively rely
w hen the case was fully presented, the al
torney for the commonw eaIth offered TO in
iroduce The girl Caroline, as u witness for
the prosecution. The counsel for the pris,
oner objected 10 her being sworn as wit
ness without n preliminary examination 10
ascertain whether she had sufficienl idea OF
The nature OF an oath and its Obligations, TO
render her competent witness. This oh.
Jeciion seemed TO take the attorney for the
commonwealth 10y surprise, and 10 create
q good deal of uneasiness in the minds OF
the bystanders, because il was feared that
owing 10 her extreme ignorance, she might
not upon The examination, exhibit a sulIi,
cient sense OF religious principle TO render
| her competent witness, and as 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 novel question was moos
ted, whether under the laws Of Virginia, an
oath is required 10 be admin istered 10
slave, or whether The charge, which is re-
CURED 10 be given by the court, is not 10
lieu OF the oath. The question however,
was no! decided by the court, as The counsel
agreed that il should be post poDed until afler
the witness vas questioned TO ascertain. her
sense Of the sanction of an oath She was
accordingly brought into Court, and having
in reply 10 the question, "wbat would be.
come Of her il she swore 10 lie,' stated
that "sbe would go TO the bad place." the
counsel for The prisoners waived his objec
lion TO her competency, and she was duly
sworn and charged.
Upon her examination she stated that on