Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-06-16
Circuit Court for Lymchburg.
JrDGE WILSON PRESIDING.

JrDGE WILSON PRESIDING.
COMMONWEALTH RS: NICHOLAS ID. HAYS,
Charged rilh the murder Of Samuel Mountcas,ie.
The occurrence which gave rise to this
trial. having produced much excitement
In our midst--and the trial hdviEg been at
tended with considerable interest, we Law
,hc evidence in full, before the readers ofthe
Tirginian:
Counsel FIR the accused-Garland *
Cabcll, J. b. Spiecc. Of Albemarlc, and
VIM. Il. Roane
For HE Commoa,ccalth.-N. H. Camp
bell. representing Major Garland, who
had been employed by the prisoner. before
his appointment as Commonwealth At
torncy)
The Jury was constituted as follows -
James Hutchinson. james Coleman, Sam1
NJ. Simpson. Samuel a. Bailey, Robert
Cawthon. Sam1 A. Boyd, Vim. d. Terry,
Manson Malone, Albert J.-Acrce, Rodk
McGowan. John A. Moscley and VIM. II.
Lydick.
The examination Of witnesses was then
commenced.
MIR. Charles Jordan ;csl:fics-About s o'clock,
+. NJ, 10Th January. found Mr. Mouncaste living
hear Col Smiths; he speechless. Mr.. Nit
chcll came up with candle, and we carried him
down to Mr.. Blacks Tavern. lilo was ON 9th AZ
ley about two thirds of the way from 7th Street to-
wards sti lie seemed To have received a severe
blow on his head. lie found lying ubout IA
Squares from Harriet Rousc's house. WINS attiac-
ted by his grooming. There were two wounds ON
his head, and from the coesulution Of blood, sup,
fossi they had been Inflicted about or Of an hour
The clock struck 8 when got up to go home. and
found Mr.. Mountcasilc in a few minutes after
wards.
Cross-eSa niucd flad ncecr before Mr..
Mounteastlc. lie was lying about the middle OF
tho alley he was lying rather the alley. The
night WINS dark nnd cold. Did not leave him till
he was housed at Blacks Tavern
Re- NJ Miiehcll.-concur exactly with M. Jor-
dan. l me; him by Mr.. Mouuicastlc about s or u
ri,lc After Mr. Mouncas,lc was living with his
head in the wagon ruts. lie was spceel,less but
ifroaniny very much. l assisted in carving him
d"~n to Blacks. The on which he was
fonnd.i the most direct aud best route from main
erect TO Harriet Rousc's. lie was lying on his
Back MIR Black told me of Mr. Moun,casrle's he
ing huu
- Sicrdvan,.-Saw MountcastIc on SUNDAY.
10Th Janhary. 1851, at Captain Bailcys Tavern, u
bout past r. lie was sitting beside me be-
fore the ffc Hays up to us, and leaning over
" hisDerpd linn. l.
gain. and turned of hro door leading to the Bar
s,om. Mountcastlc in a few minutes afterwards
bot up and went to the front door. and out of the
house into the street. About the time Mounrcastle
eonur, thought saw Hays at the front widow
Thefe is side door from the bar-roou, which leads
out into a long porch platform, which runs a.
long the side ofthe horsc and ends on the street
ABOUT 10 feet from the front door. Again, abou, s
o'clock. ! think saw Hays in The bar-room lie
slid he was going on Diamond Hill. He then h,tl
cane think, the which he generally carried.
lie went out very soon. About IL o'clock the
ssmc night saw Mountcastlc a, Blacks Tavern.
lie had been in Iynchbtfg about weeks. Pris-
oacr. deceased aud i,noss all boarded Bailcss.
Mountcastlc was brought back to Baics's either
Monday or Tuesday. Does nox remember ever to
have seen Hays in Mountcastc's room. after he was
brought to Mr.. Baieys. The 5tAcr hands who
worked and boarded with Mr. Bailey, sat up with,
nnl nurscd, Mcuntcastlc / always regarded
Mouncas,lc in a very dangerous situation from the
time he brought to Mr. Bailey's till he died.
Does not know that Mcuntcastlc had any money
] work wiih Mr.. Bailey; prisoner and deceased
were both painters. and worked in the same shop
was whcclright Prisoner and deceased were
very much together and seemed to be friendly.
Cross oKamnej.-Dcceased may have been in
y.ynchburg little less than two wcek.l /, would
have boon nearer 10 90 to Main Stree, from the bar
oom by this platform or porch, than tire the slit
tngsroom' Saw deceased at work in Mr.. Bailcys
shop painting Hays worked for Mr. Bailey and
rarc TO his meals usual after this Sunday. until
he was arrcs,cif / saw him when he returned.
pboit o'clock, and he did have his stick or cane
in his hand.
John Powcll.-Oa 10Th January lived with Mr.
Bailey at hi. tavern. and kept La. On te night 81
a9.hJaauary, l saw prisoner ami deceased together
MT Mr. Baic;'s Tavssh bctwcen6 aud o'clock.
A little afterwards lse came To tho bar and 60, a
glass OF brandy aad three cigars. and reached over
and took his stick from behind the bar, and went
ont the side door saying no was searts to take a
walk. The cane in Court Is the same Did bot
go prisoner afterwards ill morning at break
fast ne did NOT have bis cane with him. nor did
ever sec him with it afterwards. Saw Moantrastle
On pszt evening. (Moada,, when he brought
- fssilrss Tavern. AiterwsrIsI wss frcqucntl,
n H~a'sssie's r9sn,, sitting ur nigh, nh end