The Portland daily press., 1871-09-27
An Extra ordinary Story of fCircumssaniial
Evidence.

The Nashville Banner tells this story:
Two men were arrested IN Franklin comfy
last Tuesday, as the murderers OF Elmore r.
Horton.
The facts of this rather extraordinary case
are, that Mr.. Horton, who lived about four
teen miles below Winchester, and near the
mountain, was shot from his horse by some
persons from concealed place in the corner
OF 4 fence. Several persons heard the guns,
and the dead body was found few minutes
afterwards. Upon examination it was found
that two men had boen conce led in a corner
of the fence just where the road made sad
den turn into little branch, and from the
horses tracks, and the place where the body
was found, it was clear that he was shot when
the horse was drinking The cracks of the
fence had all been stopped with weeds except
the one through which the guns were put.
This was just before sundown last Friday
evening. Horton was returning from town,
and was within mile of home, in thickly
settled neighborhood, there being several
houses in sight.
= The coroner's jury gave verdict that the
killing was done by two unknown persons.
s. The death of Mr.. Horton was telegraphed
to Col. A. S. Colyar, of this city, who at once
commenced to make inquiries, but found that
no one had lett the settlement. Taking two
or three reliable men with him, Col. Colyar
went rapidly from house to house to hear the
story of every man and his family, interrogat-
ing each separately, as to his whereabouts on
the day of the murder, and at a school house
where the children were examined separately,
one boy stated that boy named Bill Martin
told him that Monroe and Hop Martin were
out in the mountain that day, Friday last,
hunting sheep. This, Bill denied, upon exam
ination. Monroe was then first seen and his
tale heard. He was not allowed to see Hop
until his story was fully given. They agreed
that they lett the house OF one of them about
one mile from where the murder was commit
ted, and that they went up the mountain and
stayed together until they returned. But one
said they came back before sundOwn, and the
other that they returned one hour after dark.
Without being formally arrested, these men
were kept until the next day, but not allowed
to talk to each other. Soon in the morning
Col. Colyar started with one of them to show
his trip through the mountain, which he did,
climbing and cambering until he reached a
point at the top of the mountain between
three and four miles from home, then return
ing by different route. Immediately after.
ward, the other was taken and directed to
travel over the route which they both agreed
they had travelled together only last Friday
evening, and he reached the mountain by a
road at least two miles from the point where
the other reached it. The two routes, going
and returning, were totally different, and no
man ever took walk with more trepdation
than did the last one, knowing the other had
first been over the ground. These two men
were born and bred at the foot of the mount
ain, and know every path.
This was regarded as the strongest sort OF
evidence, but on examining their shoes 1t was
found they exactly conformed to the meas
ures. The tracks in the field showed one shoe
to be about number nine, broad heel, and
the right shoe run down. The other was a
small shoe, and the shoes of both parties suit
ed the tracks precisely.
Both of these men lived on an adjoining
farm to Mr.. Horton, in sight of his house; hat
long been hostile to him, and had threatened
his life.