Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-02-06
SsIstt MlistsIIanp.
A murasrsr convicted BY Horse.

William Patterson was tried at Raleigh,
Shelby county, Tennessee, for the muir
der Of Thomas Merriweathef, young
planter of Mississippi. The incidents de-
veloped upon the trial were Of the most
romantic nature; and the evidence al
though circumstantial, made out clear
case Of one Of the most revolving murders
'to be found in the chronicles Of gilt"
There was one point in the case, about
which alone there could be said to be
doubt and this point was met by the evi-
dence afforded by the horse Of Mr.. Merri-
weather
In order to understand this, we must
state by the law of Tennessee the Crimi-
nal Court Of Memphis has criminal juris-
diction Of all crimes committed in the
fifth, thirteenth and fourteenth civil dis
tricts Of said county.
The Circuit Court of Shelby county
had criminal jurisdiction in the twelfth
and other civil districts Of the county,
The prisoner was indicted in the Circuit
Court at Raleigh, and the murder was al
legged to have been committed in the
twelfth district. The dividing line be-
tween the twelfth district and thirteenth
district was the road leading from Mem
phis to Hermando, Mississippi.
If the crime was committed in the
thirteenth civil district, the Court Of Ra-
leigh had no jurisdiction, and the priso-
ner would have to be acquitted.
The deceased was found some forty or
fifty steps from the Hermando 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 twelfth or thirteenth civ
| il districts.
At this critical point the council be-
thought them Of certain marvellous and
novel conduct of the noble horse which
had been referred to, 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 right of life, liberty
and property have been determined.
Testimony as to these facts was propo-
sed to be submitted on behalf Of the state
but was stoutly opposed by the prisoners
counsel, who knew its overwhelming
force. a.a 4afasse
The learned judge overruled the objec-
tions and admitted the testimony. 1t had
been proved in the course Of the trial that
about eight o'clock on the Sunday follow
ing, that on which tho deceased and pris-
oner left Mr.. Hammel's, a gentleman COM
ing toward Memphis met the horse pro-
we'd to have been Mr.. Merriweathers, on
the road, about 1000 yards from .hc
scene Of murder, and south Of tho same,
galloping at full speed in the direction Of
Hernando, and appearing to have been ex-
ceedingly frightened; with difficulty the
gentleman intercepted and caught him.
| The gentleman finding the animal al.
most uncomfortable from fright, had some
difficulty in retaining the rain until a
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. He came
forward, said the gentleman, claimed the
horse, thanked him gracefully for catch
ing him, mounted and rode hurriedly OF
in the direction of fernando. The facts
here submitted TO the jury, in reference to
tho wonderful instinct, are these:
It will be remembered that the noble
animal in question was Of extraordinary
intelligence, and singularly attached tc
his master, whom he was in the habit o.
following about whenever he would come
to the pasture or the farm-yard where the
horse was.
Some several months after the prisoner
was committed to Jail under indictment
William Meriwcathcr, accompanied by {
number of gentlemen, witnesses in the
case, camc up from their homes in Mis-
sissippi to attend the trial.
William Merriweather was riding tn,
horse Of the deceased brother, which hat
by this time been recovered in the family
The journey lay along the Hcrnandc
road, and by the spot where the body hat
been found. About two hundred yards
before the party reached the scene of mur
der, the horse upon which w. Merriweath
or was mounted, began to exhibit symp
toms of alarm, and his intractable conduc
much surprised his rider and the gentle
men who were with him.
There was no appa rent cause OF alarm
and the several other horses Of the part,
betrayed none. His agitation increased
as the party approached the fatal spot
and when they reached point in tn
road opposite to it, the excitement of tn
horse rose to so furious pitch that he be
came almost unmanageable.
The whole party now checked thel
horses, and for moment regard ed th'
strange conduct Of tho horse, with pro
found astonishment His flesh quiv'ered
his nostrils distended, and his eye & Tan
cling into the woods where his noble m;s
ter had met his horrid fate, he stood for
moment, snorting and neighing, a sublime
picture Of the widest excitement.
One Of the party suggested to Mr. Mer
riweathcr to give him the rein that, mean
while, had been tightly drawn. This wa
done, and instantly the noble animal rush
ed into the wood, and down to the iden
q tilted tree, under which the body hat