him in his buggy to the town. A friend was writing the letter for him, as he could not write himself on account of the injury, and just as soon as he could he would go North to buy a stock of goods with the money he had collected. A week later John Muir received another letter signed by his brother, dated New York, but posted at Petersburg, which said he had left Petersburg with his head and soul full of business and anxious to get rich quickly, but when he got to New York he found that there were better chances in Missouri and he would go there. He asked pardon for not stopping to see his relatives. on the way, but he had seen them lately and it would be childish to do so when his business was so urgent. A gentleman whom he had met in New York had promised to take the letter to Petersburg and post it there for him to save postage. Three months later during all of which time the search for the missing man had been kept up, though for some time Epes was not suspected-another and extraordinary epistle was received by John Muir, dated also from Petersburg and signed James P. Rollins. The letter stated that the writer lived in Texas, was going back there in the morning, but as he had learned that there were people here who were looking for Adolphus Muir, he wished to say that he had met a man of that name a few weeks before in Texas whom he had seen before in Missouri; that he evidently did not wish to be known, for he was going under an assumed name. Later he had met him in New Orleans and a day or two after a black hat was picked up in the river and on the lining was the name F. Adolphus Muir, Dinwiddie, Virginia. He had not heard of him since. During this time Epes had maintained that he had paid the bonds on the day of Muir's visit and he exhibited the bonds receipted by the executor. And he had more than once suggested that Adolphus had perhaps gone off with the money for the purpose of defrauding the other heirs. Suspicion at length was directed to him, the signature to the receipts was questioned, and finally a watch which was worn by Muir when he left for Grampion Hills was found in a jewelry shop in the town and the jeweler identified Epes as the man from whom he bought it. Then it was discovered that Epes was in Petersburg at the time when the letters were mailed from there; and finally the neighbors concluded to investigate at Grampion Hills. A committee was appointed, which went to Epes, told him he was suspected and asked his permission to search the premises. The next day, though no trace had yet been found of the body, it was decided to arrest Epes, but he had fled. Further search was made and on July 15, 1846, the body of Muir was discovered on the Epes plantation buried a few feet below the ground in a grove of trees about half a mile from the residence. Though much decomposed, it was easily identified, and wounds in the back and the front from a shot gun were found to be the cause of the death. In February, 1848, Epes was arrested in Texas, and brought back to Virginia, making on the way a partial confession of his guilt to the Sheriff's officer. In September, he was indicted and tried for the murder. The evidence was very strong on all points, but his lawyers fought strenuously for his life. But he was convicted and on December 22 he was hanged in the presence of a great multitude of spectators from every part of the county. Before his execution he made a full confession of his crime. THE TRIAL.1 In the Circuit Court of Law and Chancery for Dinwiddie County, Virginia, September, 1848. HON. JOHN W. NASH, Judge. September 19. An indictment had been previously found charging the prisoner with the murder of Francis Adolphus Muir. It con 1 Bibliography. "Trial of William Dandridge Epes, for the Murder of Francis Adolphus Muir, Dinwiddie County, Virginia. Including the Testimony Submitted in the Case, the Speeches of Counsel, etc., to which are added the Confessions of the Prisoner, an Account of his Execution, etc., etc. Petersburg, Va., J. M. H. Brunet, Reporter. 1849." tained two counts, the first charging that the deceased was killed by a gun-shot wound received in the back just above the hips, the second that he came to his death by a bullet wound in his hips. The prisoner being placed at the bar, pleaded Not Guilty. 2 David May and Thomas S. Gholson, for the Commonwealth. William T. Joynes and Thomas Rives,3 for the Pris oner. The panel being called, the rest of the day was occupied in selecting the jury. September 20. The jurors were selected to-day by lot. They were: George Williamson, Edward Williamson, Hartwell W. Williams, Thomas Perkinson, Hartwell Wells, Daniel M. Jolly, Edmund Haddon, Thomas Warren, John S. Hardaway, John F. Young, John Major, James H. Chappell, September 22. WITNESSES FOR THE COMMONWEALTH. John A. Muir. In 1841 there was a sale of my father's estate, the land was advertised to be sold for one-third cash, and the balance in one and two years, with a deed of trust on it. My brother Adolphus stated before the land was sold, that if it would be any inducement the credits would be extended to one, two and three years, if buyers wished; no one asked it, and he considered it sold upon the terms advertised. When my brother (the acting executor) came to have a settlement with him, Epes claimed the one, two and three years' credit, which my brother would not allow. But as Epes would not settle in any other way, brother concluded to conIcede rather than take the land back. Epes several times promised to settle, but did not; finally, brother told him he would sell him out if he did not pay. Epes then promised to pay at Christmas, 1845. Brother went to see Epes at Christmas, but could not, as he was confined to his bed. On the second of Feb ruary, 1846, brother left my house to see Epes, and have a settlement; he promised to re 2 GHOLSON, Thomas Saunders. (1809-1868.) Born at Gholsville, Va. Graduated University of Va. 1829. Judge Circuit Court 1853. Member Confederate Congress. 3 RIVES, Thomas. Born Nelson County, Va., 1806. Member Virginia State Legislature 1835-1861. Judge Supreme Court of Appeals of Virginia 1866-1869. United States Judge Western District Virginia 1871. turn to my house that night, and stay with my wife, as she was alone. I started for Petersburg the same morning, and he was to remain at my house until I returned on Wednesday. On Wednesday, fourth, started home, and met Epes about seventeen miles from Petersburg. He said that he called by my house that morning, expecting to meet with my brother, and they would go to town together, as he had promised to meet him in Petersburg on that day, but found the house all shut up. Told him brother had said he could not stay more than one night at my house, and I expected to have met him at Mr. Boisseau's on Tuesday night; when I got home and found he had not been there, I thought it very strange, as he had promised to return. Epes then said that he parted with him at his out-gate on Monday, and said brother told him that he had some business in Brunswick, but would meet him in Petersburg on Wednesday. Epes went to Petersburg and when he returned brought me a letter dated fourth February, 1846, about eight days old, telling me pretty much the contents before I read it. It said that as brother was going to town his horse threw him and got away, sprained his right hand so much that he could not use it, and he had to get a friend to write that letter for him, and said, fortunately for him, a gentleman came along and offered him a seat in a buggy to Petersburg, which he accepted, and also that he had an offer of going into business in Petersburg, and would leave immediately for the North, and that Capt. Epes had paid every dollar that was due upon the land. Asked Epes if my brother told him what kind of business he was going into. He said no; said he met him near Jarratt's Hotel, went up to his room, had a settlement, after which he had very few words with him, as he (brother) appeared anxious to get off. He afterwards met brother, who handed him this letter, and requested him to forward it to me. The letter was sealed; was in the woods where the negroes were at work when he handed it to me. Brother did not have any clothes with him except what he had on, he left his saddle-bag at my house, and his trunk was at Mr. Boisseau's. On Tuesday, tenth February, Mr. J. W. Bailey sent a horse to my house by his son (which was found in his field the day before), to know if I knew whose horse it was; told his son I thought it was Mr. Boisseau's; it proved to be Mr. B.'s horse, and the same which my brother rode from his house; received another letter dated New York, February 12, 1846, mailed in Petersburg; in that letter there were two notes enclosed to me, one on Capt. W. H. Cousins, the other on Mr. Berthier Bott. About the last of April, Epes came to my house for the purpose of getting a release deed; we went to Capt. Cousin's, and there signed the deed; he showed me the bonds and receipts; was satisfied they were the same bonds that he had given for the land; was not as particular in examining them; received another letter signed Junius P. Rollins, dated Petersburg, May 23, 1846; did not suspect foul play until I got this letter; when I got to my house told my wife brother was murdered, and that Epes was the man. On eighteenth of June we Mr. Boisseau came to my house, and next morning we went over to Epes to inquire about brother; he was not at the house; his wife said he was out with the negroes; but the overseer sent word that he had rode off; as passed by a place called Moore's (a place on Epes' land) we saw his dog come out of the pines, and the thought struck me he (Epes) had been to the place where he had concealed the body; did not see Epes then. Saturday morning he came to my house after breakfast; Captain Cousins was there; he and Epes were talking together; told Epes of our visit to make inquiry about brother, as I intended to trace him as far as I could and he was the last one who had seen him. He said he knew nothing more than he had already told me, that is, that he parted with him at his out-gate, and met him in Petersburg on the fourth, and had a settlement with him; asked him how much money he paid my brother; he said, including interest, over $3,200. He thought some one must have killed him, or he had acted the rascal and run off with the money, that there were many persons who would kill another for $5. I asked him if he ever had any reason to think he would act the rascal? He said, no, he never had. He then told of a hat being picked up on the Mississippi, and said, it was frequently the case, a man in traveling would lose his hat, and they would not stop to get it. Do not think Epes could have heard of the contents of that let ter then as I had only mentioned it to a few of my particular friends. Though firmly believing he had murdered my brother, was unwilling suspicion should fall upon him until I had investigated; about the last of June I went to Petersburg; inquired at railroad and steamboat offices to find if he had left by any public conveyance, found no trace of him; none of his intimate friends had seen him any time in February. Went to Richmond, made the same inquiry, with the same result; returned home convinced that Epes was guilty; the following Tuesday heard that Epes had traded a watch in Petersburg. My brother had his watch with him at my house on Sunday, first February. On ninth July a number of the neighbors met at Captain Cousin's mill, a committee was appointed to search and to tell Epes that we had concluded that he was murdered in the neighborhood, and he was the man. It asked his permission to search the premises, but had to ask him the second time before he consented. He straightened himself, and said he did not fear hell, death, or the devil. Dr. Edwards asked him if he would not go in the search; he said yes, and went; asked him if he had those bonds with him; he said he had; requested him to show them to the company; he did so. The bonds had their names torn off, and one of the bonds had a receipt on it which I told Mr. Boisseau was forged. Epes requested Mr. Booth to call Mr. Boisseau and myself to him, and told us he would pay the bonds again without a suit. We |