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

county the criminal jurisdiction is divided between
two courts The court at Memphis, a distinct tr-
bunal, has Jurisdiction Of all crimes committed in
the 5t 18th and l4th civil DISTRICTS sand the court
at Raleigh exclusive jurisdiction OF all crimes COM
mitted in the 18th and all the other districts of the
county. The body was found in the 18th civil dis
trict, some forty fifty feet from the fernando
road, and the dividing line between the 18th dis
trct and the lSth which lay the opposite side OF
the road, the road, or along the same for
some distance in either direction from the spot
where the body was found. The dividing line was
not very well defined in proof but it was generally
understood that the road was on the same. The
fact that the body was found in the 18th civil dis
trict without countervailing evidence, would, OF
itself, have sufced TO identify the venue averred
/ in the indictment. But, in view of the important
fact referred to in reference to the appearances
upon the ground, it became matter Of momentous
concern to rcbut the presumptons arising there
FROM or else the prisoner could not legally be con-
victed under the indictment. If the proof Indicated
that the murder done in the 18th civil district,
the court had no jurisdiction of the cause; if on
the other hand it satisfied the minds of the jury
that it was done in the road the result equally
fatal and the doctrine of reasonable doubts must
I inevitably acquit the prisoner. Thus, again, was
the prisoners fate suspended on the pivot of doubt,
/ when his doom had seemed irrevocably sealed The
witness asked if it did not seem also, that the
body had been dragged about by the animals which
had been feeding upon the flesh? This he answered
in the affirmative, but still adhered to the conviction
that appearances indicated that it had been dragged
/ from the direction of the road also. Another wit
ness with him at the time, had not observed these
appearances At this critical point, the counsel
for the State bethought tn IN of certain marvellous
and novel conduct of the noble horse which has
! been referred to- which had come to their knowl-
edge in conversations with the witnesses, and which
in their Judgments, settled the question OF venue
as authoritativey as it could have been done by the
sworn testimony OF score of human witnesses. The
known instincts of animals have, from time imme-
mortal, been esteemed 10 the law as among the
sources of evidence by which the dearest rights OF
life, liberty and property, have been determined.
Testimony as to these facts proposed to be
submitted on behalf of the Safe, but was stoutly
opposed by the prisoners counsel, who knew its
evers helmng force.
The learned Judge overruled the objections and
admitted the testimony 1t had been proven in the
course of the trial that about o'clock on the Sun
day morning that the deceased and the prisoner left
Mr. Hammel's, a gentleman coming toward Mem
phis met the horse proven TO have been MIR. Merri-
weathers on the fernando road, about two thou
sand Yards from the scene of the murder, and South
of the same galopng at full speed in the direction
of fernando, and appearing to be exceedingly
frightened with difficulty the gentleman intercept
ed aud caught him. There a saddle and bride
and pair of saddle bags upon him. The rein OF the
bride was upon bis neck. The gentleman finding
the animal almost uncomfortable from agitation and
fright, had some difficulty in retaining the rein in
l his hand until young came forward and
claimed him. The young who claimed the
horse, was recognized by the gentleman upon the
trial as the prisoner at the bar. He came forward,
said the gentleman, claimed the horse, thanked him
gracefully for catching him, mounted and rode hur-
riedy off in the direction of fernando. The pris-
oners clothes were observed at the time to be
covered with dirt as if he had been rolled upon the
ground-but supposng the horse had thrown him,
the gentleman went on his way thinking nothing OF
the circumstance. The facts here submitted to the
Jury in reference tn the wonderful instincts OF the
horse, are these: 1t will be remembered that the
noble animal in question was of extraordinary in
telligence, aud sngularly attached to his master,
whom he was in the habit Of following about when
ever he came to the pasture the farm yard where
he was Thomas Merriweather had owned the
horse for several years, and had taught him many
of the various little feats of intelligence, which add
to the character Of that noble animal so great an
interest
Some several months after the prisoner had been
committed to jail under Indictment William Merri-
weather, accompanied by number of gentlemen,
witnesses in the case, came up from their homes in
Nissssippi to attend the trial William Merri'
weather, was riding the horse Of his deceased broth.
or, which had by this time been recovered into
the family Their journey lay along the Herman.
do road, and by the spot where the body had been
found About one or two hundred yards, before
the party reached the scene Of the murder, the
horse upon which William Merriweather was noun.
ted, began to exhibit symptoms of alarm and eI.
CiLelueul, winch bShtit AAI
tractable ca racter, much surprised bis rider and
the gentlemen who were With him. There vas DO
apparent cause of alarm, aud the several other
. horses Of the party betrayed none His agitation
! increased the party approached the fatal spot
aud when they had reached point in the road Op-
posite TO it. the excitement of the horse arose tC
so furious pitch, that he became almost unman
! ageable. The whole party checked their horses
, and for moment regarded the strange conduct
t of the horse with profound establishment His aest
quvering--his nostril distended, his eye glaneinl
into the wood where his noble master had met hi
horrible iate-he stood for moment, snorting anC
neighing-a sublime picture Of widest excitement
Que of the party suggested to Mr.. herriweathe
to give him the rein, which meanwhile had beer
tightly drawn. This done, and instantly
the nohle animal ru Shed into Abe wood and down Il