The Placer herald., 1857-06-13
Murderer Convicted by a Horse.

1hoihao WILL" eaIhei, d young pldllter vi
Mississippi. The incidents developed upon
the trial were Of the most romantic nature
and the evidence, although circumstantial
made out clear case of one of the most
revolving murders "to be found in the cbroni-
Gle 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 offered by the horse of Mr.. Merri-
weather.
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 5th, 18th, and 14th
civil districts of said county. The circuit
court of Shelby county had criminal juris-
diction in the 18th and other civil districts
OF the county. The prisoner was indicted
in the circuit court at Raleigh, and the MUIR
der was alleged to have been committed in
the 18th district. The dividing line between
the 12:h and 18th districts was the road
leading from Memphis to Hernado. If the
crime was committed in the 18th civil dis
trict, the court Of Raleigh had no jursdic-
quilted. The deceased was found some forty
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 10Th or 18th civil district.
At this critical point, the counsel betook
them of certain marvellous and novel con-
duct Of the noble horse which had been re-
ierred to, which had come to their knowledge
in conversation with the witnesses. The
known instinct Of animals has, from time
immemoria 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 to be submitted on
behalf of the State, but was stoutly opposed
by the prisoners counsel, who knew its over
whelming force The learned Judge over
ruled the objections and admitted the testi-
mony.
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.. Hanmel's, a gentleman
coming toward Memphis, met the horse
the road, about two thousand yards from the
scene of MURDER and south of the same,
Gal oping at full speed in the direction of
Hernado, and appearing to be exceedingly
frightened; with difficulty the gentleman in
tercepted and caught him. The gentleman
finding the animal almost uncomfortable from
fright, had some difficulty in retaining the
rem until young man came forward and
claimed him.
The young man who claimed the horse
was recognized by the gentleman at the
trial, as the prisoner at the bar. lie came
forward, said the gentleman, claimed the
horse, thanked him gracefully for catching
him, mounted and drove hurredly off in the
direction of Hernado The facts here sub
mitted to the jury, in reference to the won
derful instincts, are these:
1t will be remembered the noble animal in
question was of extraordinary intelligence,
and greatly attached to his master, whom he
was in the habit of following about whenever
he would come to the pasture or the farm
yard where the horse was. Several months
after the prisoner had been committed to
Jail under Indictment, William Merriweather,
accompanied by 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 Hernado 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
mounted began to exhibit symptoms of alarm,
and his intractable conduct much surprised
bis rider and the gentlemen who were with
him. There was no apparent cause of alarm,
and the several other horses of the party be
trayed 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 pitch that he became almost un-
manageable.
The whole party now checked their horses,
and for moment regarded the strange con-
duct of the horse with profound astonish-
ment. His flesh quivered-his nostril dis
tended, and his eye glancing into the wood
where his noble master had met his horrible
fate-he stood for moment, snorting and
neighing-a sublime picture of the widest
excitement. One of the party suggested to
Mr.. Merriweather 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 iden-
tical tree under which the body had been
found, and commenced paving its root
After moment he trotted out further into
the wood, and, after making a semi circle in
his course, returned to the same spot, and
there stood neighing, trembling, and paving
until he was forced away. Similar exhibi-
tons were made by the horse number of
times afterwards in passing the spot
At this startling development in the testi-
mony, thrill Of telling ran through the
Courtroom like an electric shock. Thus far
the nroof had traced ont the history of this