The Winchester appeal. [volume] (Winchester, Tenn.) 1856-1856, 1856-05-03
Murderer Convicted by a Horse.

VIM. Peterson was tried at Raleigh,
Shelby county, Tennessee, for the muir
der of Mr.. Thomas Merriweather,
a young planter of Mississippi. The
incidents developed upon the trial
were of the most romantic nature; and
the evidence, although circumstantial,
made out a 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
Meriwcather.
In order to understand this, we must
state by the law Of Tennessee, the
criminal court of Memphis has GRIM
inal jurisdiction of all crimes commit
ted in the 5th, 18th and 18th civil dis
tricts of said county.
The circuit court of Shelby county
had criminal jurisdiction in the 10Th
and other civil districts Of the county.
The prisoner was indicted in the cir
cult court at Raleigh, and tho murder
was alleged to have been committed
in the 18th district. The dividing line
between the 18th and 18th districts
was the road leading from Memphis
to Hernado.
If the crime was committed in the
18th civil district, the court of Raleigh
had no jurisdiction, and the prisoner
would have to be acquitted.
The deceased was found some for
ty or fifty steps from the Hernado
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, which had
, come their knowledge in conversation
with the witnesses.
The known instinct of animals has,
from time immemorial, been esteem
I ed 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 pro-
| posed to be submitted on behalf OF the
State, but was stoutly opposed by the
| pr oner's counsel, who knew its over
whelming force.
The learned judge over-ruled the
, objections and admitted the testimo-
r ny. 1t had been proved in the course
of the trial that about eight o'clock on
the Sunday following that on which
the deceased and prisoner left Mr.
y Hammel's, a gentleman coming to.
y ward Memphis met the horse proven
:. to have been Merriweather's, on the
6 road, about two thousand yards from
the scene of murder, and South of the
+ same, galloping in full speed in the di
a rection of Hernado, and appearing t.
# be exceedingly frightened; with diff
r. Guilty the gentleman intercepted ant
q caught him.
The gentleman finding the ANNA
almost uncomfortable from fright, hat
some difficulty in retaining the rein un
til young man came forward an
claimed him.
The young man who claimed tn
horse was recognized by the gentle
man at trial, as the prisoner at the bal
He came forward, said the gentleman
claimed the horse, thanked him grace
fully for catching him, mounted an
rode off hurriedly in the direction {
Hernado. The facts here submitte
to the jury, in reference to the wonder
full instincts, are these:
1t will be remembered that the NJ
BILE animal in question was of extrao
binary intelligence, and singularly a
tached to his master, whom he was
the habit of following about whene'
he would come to the pasture or I'll
farm yard where the horse was.
Some several months after the pri
oner had been committed to Jail undo
indictment, William Merriweather, a
companied by a number ofgentleme
witnesses in the case, came up fro
their homes in Mississippi to attend II
trial.
. William Merriweather was ridir
no the horse of the deceased brothe
which had, by this time been recove
ht, ed in the family. The journey Il
along the Hernado road, and by Il
,g, spot where the body been found
About two hundred yards before d
is party reached the scene of the murde
the horse upon which VIM. Mer
weather mounted, began to exhil
symptoms of alarm, and his intract
bic conduct much surprised his rid
and the gentlemen who were wi
him.
There was no apparent cause
- A. L