Smyrna times., 1858-05-20
The Weaver Trial.


present at the trial. We give below, from the
Gazette, the proceedings of Monday-al that
has yet transpirsd. After empanneling the
. jury, Mr.. Fisher opened for the State by say
ing:
Gentlemen of the jury: The prisoner is in
dicted for one of the highest crimes known, in
, deed the very highest, for murder in the first
degree. If you find the evidence is not sufi-
Client to convict him of murder in the first de-
gree, you can find him guilty Of murder in the
second degree or OF manslaughter; formerly
there was no distinction of murder in the first
and second degree; to convict the prisoner of
murder in the first degree it is necessary to
prove that the act was committed with malice
OF forelhough, and that the prisoner intended
when he struck the blow to commit murder
lie also explained the meaning of malice of
iorethought, and defined the distinction fmur-
der IN the second degree and manslaughter
Eugene S. Mitchell, sworn-Wc found out
that the programmes were in Harrington's
room, on Tuesday, the Both of March, went
over TO the Athenaum wing heard some steps
and thought it was the burlesquing party com.
ing; did not succeed in picking the lock, and
broke open the door; Frazier, Smith, Roope,
Miles and myself were the party; got into
Ilarrlngton'S trunk and there found the pro-
grammes
By Mr.. BrOwn.-Broke open both the door
and the trunk.
BY Mr.. Fsher-Went to the other wing of
the building to Miles room, but could not get
IN; then went to Higgins room which is d.
rectly under Miles room; filled Higgins st We
with the programmes aud took some to Roach's
room and burnt them; Miles and | were the
only ones in ROaGJl's room; heard the noise
it,l,,.r | ho1J a,tl t,rbt -.
party; Roach and Harrington came in to-
gethcr; did not see any weapon with either of
them; saw Giles and some others that did
not recognize; Harrington pulled off the top of
the stove and took out some OF the programmes;
was on the floor with one knee, and was put
| ting out the fire with his hand; think it was
! his right hand; Roach was upright; had hold
OF one of Harris gton's hands do not know how
long they occupied that position, but not long;
/ Roach was not hurt at that time, but was
bloody minute or two afterwards; saw Moth
ing in 1arrington's hand but programmes
Roach tried to speak TO me, but could not ret
the words out; he said MIN .m-mich: saw
Giles in the act of striking al Roach did not
see him bloody until Giles struck at him.
Adam e. Miles held Giles by the arm; did
not see any knife in Giles hand or in Miles;
saw one hand Of Miles but only one arm oil
grammes; Roach was bloody at the time; did
not see anybody strike Roach did not see any
| knife IN the room was in such position as to
see knife in Harrington's hand if he had one;
first saw blood after Miles held Giles arm
Roach had not hold of llarrington's hand at the
time; harrington was picking up with one
hand and putting in his pocket with the other
DID not see Roach 90 out but saw hun 90 to-
wards the door; Miles and Frazier were put.
ting out the fire; Smith went out of the room
aud Game back ard said, "boys, I'm afraid
Rnach is dylng;" did not see Weaver until
Roach was lying on the step; he had a glass of
water in his hand; we were in the room about
or minutes before Roach and Harrington
came IN in : or 3 minutes; went out and
saw him on the door step; saw blood in bowl
in Higgins room before went out; (showed
the plan ofthe colege;) Roach was or 6 feet
from the corner; and Harrington 5 or 6 feet
from Roach; some one was between Roach and
Huntington; did not see Roach die; never
heard Weaver speak of it; can't say they were
friendly, or that they had any dispute.
Cross-Examined by MIR. Brown.-It was
about half past seven o'clock when we went to
Harrlngton's room; 1t was in the Athenan
wing, about 10 chambers are in that wing
Ilarrlngton's room was on the third floor
Miles room was in the other wing on the same
| floor; (he gave the Hamcs of the members Of
AthenUan and Delphi sOcietcs).
Weaver and Roach belonged TO the same So.
clety, they entered about the same time stu
dents do not board in the College, they only
lodge there; | was in the Athengum hall when
my attention was first called to IIarrngton's
room; we tried to pick the lock but could not,
and broke open the door; we knew the pro.
grammes were in Ilarrington's room, for he had
been to Phlla. to get them, he let the cat out
OF the bag himself; Roach did not know any
thing about it at all; do not know how many
were IN the room; think it about l6 by Is feet;
1t was hrst scutile for the programmes friend.
iy one, thought, was standing still | was
the last person that left the room; Roach left
or minutes before did Roach was 10 or
IL minutes in the room; was not taking anv
part in it, and was the only person who did
not did not sec any person come in after Roach
and Giles; only recognized the party who went
IN with Inc and a few others did not see
| Weaver in the room.
! BY Mr.. Rodney.-I think Roope took away
the trunk with which he blocked up the door
am not certain; noticed afterwards that the
| lock was not broken.
| BY Mr. Brown.-I belong to the A:henean.
! BY Mr. Rodney saw Weaver at the door
OF the College with glass of water did not
see him IN the room; did not see any person on
the bed.
| ADAM c. Miles.-This witness testified to
the facts as given by Mr.. Mitchell.
We learn that the testimony on the part of
the State closed about o'clock Tuesday after
noon. 1t is probable the witnesses for the de-
fence were got through with before the adjourn
lnent of the Court in the evening. A whole
day, perhaps, will be occupied by the argument
pro and con.
There is said to BET strong "outsde" feeling
ia favor of Weaver, and the impression is that
he will be acquitted.
High Handed Proceedings.
| The outrages of the British frigate Stvx''