Weekly Trinity journal., 1877-05-05
TOWN AND COUNTY.

y
DGscHARGED.-After an entire week
being consumed in the taking of testimo-
ny and argument of counsel in the case
uf The People against John ID. Wathen
snd William Davis, before Chns. Thom-
as. Justice of the Peace for Weaverville
Township, the Defendants were discharg-
ed. They we're charged as heretofore
mentioned in these columns, with the
murder Of Augustus Packwood, on the
9th of last month, in the Southern part
Of this county, the locality being some
S5 miles distant from Weavervile.-
Robert Grieves, the complaining witness,
and Paul Helyford were examined on
the part of the People and John d.
Aathen and VIM. Davis, the Defend
ants, and 7. w. Mcpherson, Amos S.
Powers, Paul Hcryford, John Duncan,
{. +. Nuckolls and Jos. Lighttoot were
Introduced for the Defense. The Defense
admitted the killing of Packwood by
Wathen and set up self-deiense in justi-
fcation of the same. Outside of the tes.
timony Of the Defendants themselves,
who we're the only witnesses of the kill
ing. the Defense produced an abundance
ofpositive testimony showing numerous
threats against the life OF Wathen on the
part of the deceased and the latters gem
eIal bad reputation and character lis a
quiet, pcaceablc citizen. The story Of
the killing rs told by Wathen and Davis
j, that they were on their way to neigh
lors with Puckwood and at his earnest
solicitation. That while en- route, Pack
wood proposed to Davis that he should
d" stand in " with him and kill Wathen,
and further stated that he could get $500
for doing so. Davis declined standing
in " with him on the ground that Wath
Nn was neighbor of his, had always
treated him well, and that he didn't want
to make any money thai way. a Aocl,
OF grouse flying into some trees about
this time, Packwood got or his horse,
went back to Wathen and wanted to bor
row his shot gun to shoot grouse with,
but Wathen declined loaning it to him
because it was loaded with heavy buck
shot not lit for killing grouse. Packwood
then re-mounted and after going short
distance further, another grouse few into
a tree and he then wanted to borrow
Davis pistol to shoot it with. Davis told
rim to shoot it with his own pistol but
Packwood declined doing so, saying that
he had no more caps with him. Davis
SAID that he didn't have any more bull
lets and only had four loads in his pistol
any way Shortly after this they reach
cd a level fiat and Wathen, who had
been riding behind, came up abreast OF
the others and about 10 or II yards to
their left. Packwood, who was on the
extreme right, called to Wathen to
Halt; and throw up your hands !" At
the same time refining his horse in and
pointing his gun at Wathen, he attempt
ed TO fire, but the gun snapped. Wathen
threw himself from his horse and imme-
dately fired at Pacllwood with his shot
gun, the first shot taking effect he fire
the second barrel, but most Of the wit
nesses who examined the body say they
think only one of the shots took effect
There were five or six bullet holes in his
left side, the charge passing through the
body and ranging upward, two of the bull
lets coming through on the right side and
lodging in his clothing and two more
bullets having lodged just inside of the
skin on the right side. Wathen and Da-
Wis Motif ed the neighbors of the occur
renee and the body was buried the fol-
lowing day.
The evidence presented by the prose
cution was purely circumstOntial. Mr..
Grieves was Of the opinion from his ex-
animation of the cap, that the hammer
of the gun had not struck 1t, and farther
that when he fired it, after the burial it
went the first time as to this latter state
ment, he is corroborated by all the other
witnesses who were present when the
gun was fired. No one but Grieves made
a close examination of the cap. Pack
wood also had on him six shooter with
all the cham bers loaded.
Such is the substance of mass Of tes-
tlmopy, covering over two hundred writ
ten pages. Justice Thomas could not
see sufficient in the evidence to warrant
the beliefthat conviction could be had,
and after carefully weighing the evidence
and the law bearing on the case. he or
dered the prisoners discharged.