The Daily Nashville true Whig. [volume] (Nashville, Tenn.) 1851-1855, 1855-11-26

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knew who did do il and although be was indirectly
concerned in it, yet he was eight miles from the
scene of the murder when it was committed
He was asked what we're his purposes Of life, if
he had not been detected in this robbery; he re-
piled with cruel naivets, that be had intended to
continue in business unit, he had accumulated
fortune, and then retire from the practice. About
two days after his arrest, William Merriweather
took out his own knife in the presence OF the prs-
oner, aud held it up by the blade before him, IN ST.
Ience. The prisoner gazed earnestly at 1t Tor
moment, and observed, shat is not your brothers
knife SIR" Soon afterward he was taken TO Shelby
county to be lodged in Jail to await his trial. In
passing by the scene of the murder he was observed
to turn deadly pale, and to gaze fxedy in an oppo-
site direction from that in which the body had been
found lie was indicted in the Circuit Court ct
Raleigh, not as accessory, but as the actual MUIR
derer of Thomas Merriweather. The bill of indict-
ment contains but count, alleging the homicide
TO have been committed with knife. When put
upon his trial and charged upon the bill of ndict'
ment, he plead not guilty thereto, and jury were
empanneed 10 try the issue. In trials of so grave
character the law in its mercy, requires the proof
Of every circumstance necessary to constitute the
guilt of the accused to be established SO clearly in
the minds of the jury to exclude every possible
hypothesis of his probable innocence. In the mu-
tlated condition of the body when found, which
had been exposed for five or six weeks in the open
wood, TO rough weather and furious rains, with its
head severed from it, and every bone well nigh de-
nuded of its fesh--the proof of its identity be-
came a most delicate and difficult question. The
testimony of William Merriweather who had e1-
humed and examined it. as to his belief that it
the body of his brother from the color of the hair
and the appearance OF the plugged teeth, but who
also testified that several of the front teeth had
been lost since he had seen his brother living, and
could nowhere be found, wholly insufficient for
this purpose and tended rather to obscure than to
eucidate the point in question. Under these cir
cumstances it became utterly impossible, under the
austere requirements of the law, to sustain the in
dctment without further testimony. Mr.. Merri.
weather could not identify the few torn and tattered
garments which the robber had left upon the de-
ceased, and which had totally changed appearance
by exposure to the weather. He thought, however,
that he recognized letter two of the small piece
of obterated manuscript, found in the vest pocket
as his brothers hand writing. But this was not
enough The vest was of figured satin, which he
had never seen, the quality and texture OF which
could be discerned 10y little spot which was luck
lily preserved from the general decay by being COW
cred by the lapel The clothing and the contents
r l.. 4 1. ~
produced upon the trial. In this dilemma it be-
came the painful duty of the States counsel to in
troduce a witness the lovely young bride OF the
deceased, who anxious to be spared the terrible
ordeal. All mantled in mourning robes for the loss
of her noble husband; she conducted into the
court house in the midst OF breathless and pro-
found silence. The history Of her devoted and
early bighted love, and incOnsolable grief, had pre-
ceded her, and her entrance produced among the
vast concourse Of spectators most intense and in
descibable effect. She was conducted to a seat
within the Bar. For time she overcome by
tempest of emotion and agitation, but recovering
her self-pOssesson she glanced upon the court and
the bar and the jury look which seemed embodied
in words, and which almost audbly implored them
to "let this cup pass from me-" Finally her eyes
wandered to the prisoners dock, where sat the mar
BILE featured and imperturbed murderer of her hus-
band, whom she had never seen before. Then her
features were lighted up by sublime fash of
sentiment, which was, however, instantly subdued,
and succeeded by woman's look of pity for the
unfortunate wretch upon whom she gazed. 1t was
a beautiful struggle between justice and mercy
woman's love and womans noble humanity ma
tural spirit of resentment and an all subduing pity.
She saw before her a riendless and forsaken wretch
who had battered his ulforgold, and against whom
the hands Of all mankind were turned-whose life
hung upon the little words then by her about to be
spoken-and she thought of the death struggle of
him. the early loved and lost, whose noble
ture would have never consented TO the slightest
title of injustice Like Sabina the beautiful hero
inc Of Corneile in the Horatii, she stood for mo-
ment with divided heart-but justice prevailed,
aud she burst into tears.
"For Alba I am not nor yet for Rome,
My fears and hopes are given alike TO either sde
In each event mourn as sister or as bride"
The sensation among the spectators at this mo-
ment was intensified beyond all power OF descrip-
ton. The large of the court room presented
the scene of a shower of tears. For time the in
vestgation was suspended by the general grief
The eyes of the hardy yeomanry which had well
nigh forgotten how to weep-the learned judge, the
lawyers aud officers of the court, whose hearts
we're seeled by frequent scenes of sorrow and sad
ness, all we're overwhelmed-all save the prisoner,
who sat- calm, motionless, fearless morally isolated
and alone. The trying task of examining the Wit.
ness was assigned to 7. S Ayres, Esq, an associate
counsel for the State who performed it delicately
and efficiently. The articles were presented to her
seriatial, and she severaly questioned as TO her
recollection OF them. First, lock OF her lost hus.
baIds hair, which she stated upon her belief to be
his Next the articles of wearing apparel, several
of which were too much altered for her recognition.
The vest was produced; she held it up in her hand
I for moment in doubt until her attention was called
IN the sDot beneath The laApel where An entire ig.