The Opelousas patriot. [volume] (Opelousas, Parish of St. Landry, La.) 1855-1863, 1856-05-10
Murderer Convicted by n Horse.

VIM. Peterson was tried at Raleigh, Shelby
county, Tennessee, for the murder Of Thomas
Merriwether, a young planter of Mississippi.
The incidents developed upon the trial were Of
the most romantic nature; and the evidence,
although circumstantial, made out o clear case
Of one Of the most revolving murders "to be
found in the chronicles Of guilt" -
There was one point in the case, about which
alone there could be said to be doubt, and this
point was met by the evidence afforded by the
horse Of Mr.. Merriwether.
In order to understand this, we must state
by the law Of Tennessee, the criminal court of
Memphis has criminal jurisdiction of all crimes
committed in the 9Th, 18th and 18th civil dis
tricts of said county.
The circuit court of Shelby county had
criminal jurisdiction in the 18th and other civil
districts Of the county. The prisoner was in
dicted in the circuit court at Raleigh, and the
murder was alledged to have been committed
in the 18th district. The dividing line between
the 18th and 18th districts was the road lead
ing from Memphis to fernando.
If the crime was committed in the 18th civil
district, the court of Raleigh had no jurisdic-
tion, and the prisoner would have to be ac-
quilted. -g
The deceased was found some forty or fifty
steps from the fernando road. The witness
stated that the body, as he thought, had been
dragged there from the road, hence the doubt
whether the murder took place in the 18th or
18th civil district.
AT this critical point, the counsel betook
them of certain marvellous and novel conduct
of the noble horse which had been referred to,
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 and property have
been determined.
Testimony as to these facts was proposed tc
be submitted in behalf Of the State, but was
stoutly opposed by the prisoners counsel, who
knew its overwhelming force.
The learned judge oyer-rulcd the objections
and admitted the testimony. 1t had beer
proved in the course of the trial that at abou,
eight O'Clock on the Sunday following that OF
which the deceased and prisoner left Mr.. Ham
meis, o gentleman coming toward Memphis
met the horse proved to have been Mr.. Merri
wether's on the road, about two Thousand
yards from the scene of murder, and south o.
the same, galloping at full speed in the direc
tion of fernando, and appearing to be exceed
ingly frightened; with difficulty the gentle
man intercepted and caught him.
The gentleman finding the animal almost
uncomfortable from fright, had some difficult,
in retaining the rein until a young man CANT
forward and claimed him.
The young man who claimed the horse was
recognized by the gentleman at the trial, as til,
prisoner at the bar. He can't forward, said
the gentleman, claimed the horse, thanked hin
gracefully for catching him, mounted and rod,
hurriedly off in the direction of fernando. TIL,
facts here submitted to the jury, in reference t,
the wonderful instincts, are these
1t will he remembered the noble animal il
question was of extraordinary intelligence, am