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very well and would swear to it; believe he bought it in Missouri; the last time he was at my house he had his watch; the next time I saw it was at Mr. Lumsden's store; have the watch here; the day of the search John Muir and I went up to where prisoner was standing; he asked me if I had said that Mr. Gholson had said that he could be made to pay the bonds over again? I answered, Yes. He then said, "You needn't trouble yourself about bringing a suit, as I will pay the money over again." John Muir stayed at my house the night of the second February, and went to Petersburg on Tuesday; got the watch in my possession on Tuesday after the search; got a warrant out then, and when we got to Mr. Epes' he had got off and was gone.

Charles Lumsden. On the twenty-first of May, 1846, I traded with Mr. Epes for this watch. On first September, 1843, I had repaired the same watch for Mr. F. A. Muir; when a person leaves a watch of any value to be repaired, and the repairs are of any importance, it is my custom to take down the name and number. By reference to my book I find that this is the identical watch I repaired for Mr. Muir-the name of the maker and the number are the same; persuaded Mr. Epes to have it repaired, as it was a valuable jewelled watch. It had evidently had a fall or jar of some kind, and the cost of repairing would have been about six dollars. Epes is the prisoner at the bar.

Cross-examined. When I traded for the watch did not recognize it. I identify a watch by

the name of the maker and the number, which are marked upon it. Every man who makes watches of any value puts his name and a number upon them. Would not recognize a watch by the name of maker without a number. Mr. Epes looked like a gentleman and I did not suspect him. The watch I gave Mr. Epes for his was as large but I do not think as thick as the one I got from him. Was bred to the watch-making business; my experience tells me that a maker never puts the same number on two watches. Wm. Harrison, the maker of this watch, is a very uncommon name; do not remember to have seen another watch with that name upon it; were I to make a watch complete, I would be familiar with it in all its parts; a great many watches are called "Tobias" watches, which I never saw; this watch was evidently a good one.

William A. Muir. Know the watch; was with my brother when he bought it of a schoolmaster in Missouri, named Burns, who was at my uncle's house.

William M. Gill. On the day preceding the first search for the body I was requested to attend, and assist in making an examination on the premises of the prisoner on the next day; this was the first intimation I had ever had that suspicion attached to prisoner; went next day and joined one of the squads or parties engaged in the search; we passed near the prisoner, who was in a field where his hands were at work; he joined us, and commenced a conversation with me in relation to the reports in circulation; remarked to him

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that I had said that morning, I would as soon suppose he would kill a man in anger openly, as any individual with whom I was acquainted; "but sir, that you are capable of committing such a dark, cold-blooded assassination as this, I cannot find it in my heart to believe." He replied that a man who was incapable of a mean act himself was slow to believe anything to the prejudice of his fellow man. I told him of the excitement and indignation that existed in the community; called his attention to the suspicious circumstances attending the disappearance Muir, and besought him for the sake of his family, if he himself had no regard for public opinion, to relieve himself, if possible, from some of them; he admitted that appearances were against him, and declared his innocence, but failed to account satisfactorily; he said, why cannot the people as readily believe that the damned rascal has run off with money in order to defraud his brothers and sisters, as that a man of my property, and respectability of family and standing, would condescend to do such an act; I said it would be impossible to make any man who knew him, believe he was such a fool; that he had a perfect right to collect the money, bid his friends farewell, and go when and where he pleased, openly and publicly. He replied, well, he supposed the current of public opinion was against him and he could but submit. Said I, sir, if you paid Muir the amount which you say you did in Petersburg, you can certainly show where you obtained the money. He said he could, but did not

attempt to do it. I took occasion to mention it twice again; he replied in general terms he could.

Dr. J. M. Hurt. A few days after the first search, I being with Capt. Epes on the road, asked him to detail to me the particulars of the whole transaction. He said Muir came to his house on the morning he left his brother's, for the purpose of having a settlement with him; that they attempted to settle, but failed to do so; they then agreed to meet the second day following in Petersburg for the same purpose, a short time after which Mr. Muir left his house, saying he believed he would ride over in Brunswick a little, during which ride he was accidently thrown from his horse and crippled in the right arm, his horse getting away from him, at the same time; a friend in a buggy passed along soon after and conveyed him to Petersburg, when he (Epes) met him according to agreement, and concluded the settlement by his paying off the bonds; Muir left Petersburg for New York, intending to engage in the mercantile business, which intention he declined, as he received a letter in New York from his family in Missouri, urging him to come immediately home, as their wants required the funds he had collected in Virginia; asked him if there had been no tidings of Muir since his departure from New York, to which he replied, by adverting to the Junius P. Rollins' letter, giving at the same time the contents of that letter. Mr. Benjamin Irby (who was present, and with other gentlemen had been listening to the conversation), remarked that in his opinion

"the writer of that letter was the murderer of Adolphus Muir," to which Epes replied by insinuating a suspicion, that he had embezzled the funds in his hands and absconded to Texas; said that in my estimation Mr. Muir was a gentleman of unexceptionable character, and I believed him to be thus regarded by the public at large, and asked him if he ever knew him guilty of any conduct that could taint him with the least dishonor? He replied that whilst the land he bought of the estate of Muir, was under the hammer of the auctioneer, and after it had been cried some time, and seemed likely to go off heavily, F. Adolphus Muir as an inducement to purchasers, publicly proclaimed a willingness to grant to the purchaser, if he desired it, an additional credit of one or two years on the purchase bonds. He became its purchaser, and in executing his bonds for the same claimed the additional indulgence Muir had voluntarily offered to concede, which Muir then fused, but on his representing to him the unfairness of such a refusal, and offering to prove to him by any number of respectable witnesses present, that he did make the tender of credit he claimed, Mr. Muir yielded the point, and the matter was then satisfactorily adjusted.

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Berthier Bott. Went in pursuit of the prisoner the day the body was found; started with two or three others, and went as far as Farmville, when we returned. On Monday following again started from Dinwiddie court house; went to Lynchburg, where I ascertained that he had sold his horse; knew the horse

by marks upon him; had frequently seen him drove to Epes' carriage; pursued him to Texas, as far as Galveston, to which place he had traveled under the name of B. Davis.

B. B. Vaughan (recalled). Was at Mr. John Muir's the morning the body was discovered; something transpired which induced me to believe that Ross knew where the body was buried, and he was taken up. The duty of examining the negro was imposed on Messrs. Woodworth, Allgood and Gill.

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Peterson Allgood. There was an understanding between that Mr. Woodworth was to go in front with the negro; when he dismounted we were to ride up and dismount also. Mr. Woodworth dismounted near the cherry tree, where we all three commenced searching, and Mr. Gill and myself discovered the spot; the negro would not tell where the body was buried.

Charles Lumsden (recalled). Was called on once or twice by Mr. John Muir, to ascertain the name of the maker and the number of Adolphus Muir's watch; was called on by Mr. Peter Boisseau also; after he left, I endeavored to recollect, and after referring to my book, found the watch entered on the first September, 1843; left a memorandum to that effect at Boisseau & Cogbill's on Saturday night; called on Mr. Collier, stated that I had heard several rumors in relation to a watch; told him Mr. Boisseau had called at my house, and that I had given him the name and number; I then ruminated in my mind; I had made this trade with Mr. Epes, but had fixed some other name in my

mind, thinking it was a gentleman of Sussex county; mentioned the name of the young man I thought of, but was told I was mistaken; referred to my books, and found the name of "W. D. Epes." Consulted with a friend, who was strongly impressed with the belief that the prisoner should be arrested; Mr. Cogbill suggested that I should see Mr. Gholson; went to him and told my suspicions; I thought the evidence sufficient; Mr. Gholson thought not.

Benj. J. Vaughan (recalled). On twenty-third February, 1848, Wm. D. Epes, alias Judge Lucius V. Shelby, was arrested in Nashville, on the river Brazos, in Texas. After his arrest, we started in a buggy for Austin. Capt. Epes was not disposed to converse much, but on the second day, he commenced by stating he had seen in the newspapers that he had murdered his own son, his mother-in-law, and a hog drover, which charges he said he was not guilty of; but stated that this case was bad enough without charging him with others. He went on to say that Muir had come to his house for the purpose of collecting the bonds which he owed

him; that he had made arrangements to pay him, in consequence of his having been in bad health for some time; that he intended to have raised the amount by getting Claudius P. Bevil and Edwin G. Booth to become his endorsers on a negotiable note, and get the money out of bank; asked him if he did get the money out of the bank to pay those bonds? He told me he did not; asked him if he was with the party of gentlemen on the day the search was made for Muir? He told me he was; asked him how near any of the gentlemen were to the place where Muir was buried? He told me that at one time, some of them were not more than three or four feet; said to him that I thought it was very strange they had not discovered that the dirt was fresh dug. He replied that he was particular in having all the dirt put in the grave, and had covered with pine tags and brush, which made it resemble an old hog bed; asked him if the body of Muir had been found at that time, what would he have done? He said he did not know, but supposed he would have had to have given himself up.

THE SPEECHES TO THE JURY.

MR. MAY, FOR THE COMMONWEALTH.

Mr. May. Gentlemen of the Jury: If nothing else had admonished me, my own feelings would admonish me, on this occasion, not to indulge in any harshness of expression or opprobrious epithets in relation to the prisoner at the bar. It was predicted by the prisoner's counsel that this prosecution would be conducted with harshness and severity. I here assure this jury that in the view which I shall present to you,

I shall attempt dispassionately to lay the case fairly before you; to state to you the facts proved in the cause and to urge you to make only fair and legitimate deductions from them, without myself indulging or expressing any angry or vindictive feelings towards the accused, or attempting to excite them in you. If the evidence which you have heard-if the detail of facts which have been so fully proyed before you, do not arouse feelings of indignation in your breasts, then, gentlemen, no effort should be made by counsel to arouse them. I shall read to you the law. I shall bring in review the testimony, and I feel confident I can show that in accordance with that law and that testimony the prisoner has been guilty of an offense for which he should forfeit his life.

The prisoner is charged with having committed the crime of murder in the first degree. We are to maintain, on behalf of the commonwealth, that the prisoner is guilty of the "wilful, deliberate and premeditated killing" of F. Adolphus Muir.

The first important point which we must establish is that F. A. Muir has been murdered. I shall not consume much time in reviewing the testimony upon this point. From the cross-examination of witnesses called on to prove the identity of the body, it will probably be contended that such identity was not fully established. Dr. Thompson proves that the body was found on the fifteenth of July, 1846; that he had been intimately acquainted with the deceased, and is confident it was the body of F. A. Muir; that the body was in a remarkable state of preservation, so that there was no difficulty in any one who had known him while living deciding whether or no it was his body. On the next day an inquest was held on the body a vast number of persons were present, and no question was raised as to the identity. John A. Muir, Peter Boisseau, Marcus J. Gaines, and Benj. B. Vaughan, one the brother, another the brother-in-law, and the others friends, who were well acquainted with the deceased, all swear to the identity. The peculiar growth or position of the front teeth, and the plug of gold in one of them, the hair, the shape and

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