Volcano weekly ledger., 1856-06-14

Oh the noble morse which had been reiered 10,
and which had come to their knowledge in
conversation with the witnesses.
The known instinct of animals has, from
time immemorial, been esteemed in the law as
among the sources of evidence by which the
dearest rights of life, liberty aud property
have been determined.
Testimony as to these facts was proposed
to be submitted in behalf of the State, but
was stoutly opposed by the prisoners coun-
sci, who knew its overwhelming force
The learned Judge over-ruled The objections
and admitted the testimony. 1t had been
proved in the course Of the trial that at about
eight o'clock on Sunday following that on
which the deceasel and prisoner left Mr..
Hammel's, gentleman coming toward Mem
phis, met the horse proven to have been Mr.,
Merriweather's, on the road about two thous-
and yards from the scene of the murder, and
south of the same, gallopng at full speed in
the direction of fernando, and appearing to
be exceedingly frightened; with difficulty the
gentleman intercepted and caught him.
The gentleman finding the animal almost
uncomfortable from fright, had some dlficul-
ty in retaining the rein until young man
came forward and claimed him.
The young man who claimed the horse was
recognized by tie gentleman at the trial, as
the prisoner at the bar He came forward,
said the gentleman, claimed the horse thank
ed him gracefully for catching him, mounted
and rode hurrdly off in the direction Of Her
nando. The facts here submitted to the
Jury, in reference to the wonderful instincts,
are these:
It win be remembered the noble animal in
question was Of extraordinary instinct, and
singularly attached to his master, whom he
was in the habit of following about whencv-
er he would come to the pasture or the farm
yard where his horse was.
Some several months after the prisoner had
been committed to jail under Indictment,
William Merriweather, accompanied by a
number of gentlemen, witnesses in the case,
came up from their homes in Mississippi to
attend the trial
William Merriweather was riding the
horse of the deceased brother, which had by
this time been recovered in the family. The
journey lay along the fernando road, and
by the spot where the body had been found.
About two hundred yards before the party
reached the scene of the murder, the horse
upon which William Merriweather was mount
ed began to exhibit symptoms of alarm, and
his intractable conduct much surprised his ri
der and the gentlemen who were with him.
There was no apparent cause of alarm, and
the several other horses of the party betrayed
none His agitation increased as the party
approached the fatal spot; and, when they
reached point in the road opposite to it, the
excitement Of the horse rose to so furious a
pitch that he became almost unmanageable.
The whole party now checked their horses
and for moment regarded the strange con.
duet of the horse with profound astonishment
His flesh quiyered-hs nostrils dstended and
his eve glancing into the wood where his no
bic master had met his horrible fate-he stood
FOR moment snorting and neighing-a sub.
lime picture Of the widest excitement.
One of the party suggested to Mr. Merri-
weather to give him the rein that, meanwhile
had been tightly drawn This was done, and
Instantly the noble animal rushed into the
wood, and down to the identical tree under
which the body had been found, and com
menced paving at its root After moment
he trotted out further into the wood and
after making a semi-circle in his course, re
turned to the same spot, and there stood
neighing, trembling and paving until he
was forced away Similar exhibitions were
made by the horse n number of times after
wards in passing the spot.
At this startling development in the testi
mony, thrill of feeling ran through tn,
court room like an electric shock
Thus far the proof had traced out the his
| nd "a
tanty too fearful to be doubted, and hac
pointed to the pallid youth who sat in tn,
prisoners dock as the guilty agent thereof
Justice, tempered even an unrestrainec
mercy, seemed impatient for the sacrifice
when the strong arm of the law interposed
in its might and majesty, to shield him. Th,
venue unproven, or even in doubt, would
have left to the tribunal of justice no othel
alternative than to bid him go out again
wanderer upon the earth, with the blood anC
guilt thick upon him. But the God who
"markcth the sparrow when he falls,p in hi
inscrutable providence, had yet in reserve al
eloquent witness against him. whose faithful
heart was steel to the wiles Of the corrupter
and whose testimony fell upon the astoundct
ear Of the jury as
Confirmation strong
As proof of holy writ
No blood had even been seen upon th,
road, and no appearance Of any struggl,
there If the killing had been done in tn,
road, the horse, whose rapid fight and wilt
fright must have been occasioned instantl,
by the death-struggle, would have known moth
ing of the tree in the wood The scene wa.
pictured before he minds of the jury, as i
4 fvned law the olorioug art of Daguerre ths