Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-30

% thsreadiHg Of The vii er ka7ing i eorrsoi rad
jar on Wills, A 70 AZ, and notes. William On Er
4 Is, 294i : Humpl S3S; Cox Fs Cox, 4 Snssd s.
Z On The motion for new trial thea Affidavit Of
ar naE Cncs sud that Of Horace Wattsrscn, enc q
ne coHte tes'4ntsi were relied up0a. tieiE fae
Click sates that in 1915 or g. Henry Wsfsrson-
told him that q che death of his mother ths nesa
Of his mother were 10 be divided equally bstrear
bin and bis brother, and said nothing aboats vilI
Also that about or q short time befsrs 49, ~.
garelEa tsld him she uHdsrstood ths - ss
Henry had viii giving him the negroes. and ifba
had, he had made il himself as she lad news mss
such win and she tried to get hiua, asni 30 iafl
such will for her, snd said she had tried 10 rst
Richard Larsin and 5aeob Miller to write Fin for
her lie further states that on the night before max
ing bis affidavit, be heard bis mother R0sanna Click
say, that Margaret Wattsrson fer many years before
her death, denied having made ihs VIA SET uu-bF
Henry Waterson- This last, according 70 the aida
vlt Of Horace Watterson vas newly discovered egi~
denee Il might Be importauton ne question ofhsr
knOWledgs Of, and assent TO fhe prosisious sF fbs
viii set up For the same purpOsa ths tesfihionVof
Arthur Click would have been pertineat- z1f siasf
such proof Woald have would be for the ury toe5n-
slider. Arthur Click was under subpoua, as a Wit
hess for Gefendanfs but when the ease Was taken
up, on Monday, il seems was not "a aitsndsacs bus
was at home on account Of sickness IN bis fanily.
Nothing was said about his absence and no suDlios
ton vas made for e0ntinuanoe On that rrs.ius E.
but as soon as L was ascertaned that he vas not in
aud he arrived at the Court on The next day about
dinner time. The opening counsel for the pIsiniiF
had commenced his argument but had not eonslu-
ded il when the Court was moved 20 allow hin 90 bbs
then examined The molten was 0ysIraled and' fhs
case progressed, and resulted in VeFliet IN aver
OF the viii Upon these questions Of praotiee rost-
ing in The discretion OK the Jldgs il Ia rRls of s
Court not 70 reverse except in very strong eases,
such as very rarely occur. Yet such cases may bs
presented, and We think this Is one Of them was ~
strong for relaxing the rules for the attain
ment Of justice Every proper sxsrticn to Get ne
witnesses there in time vas made. The only fsaIt
vas in not asking for q eOntiuuanee on account OF
his absence, before the eommencemen6 6f ahe tfal
But IL vas perhaps better for both purtesto sassts
delay and try the at the hazard on the srt n
the defendants Of falling to get the witness therest
sl We can see no good reason Tor refusing to lsz 8
the witness be examined atthe tine be was offered
under the circumstances made Oat-=auek aoailIaavs
been proper exercise Of the discretion Of the Court
for the sttEinnsnt Of justice It may Be that nlhef
Of the grounds al0as Woad be sufUieas 70 EaiisFiss
new trial in this case but taking them an torsthsr
in vieE Of the suspicious which orOHd aragRd tho
Ease We feel il 70 be duty reverse The iadg-
nent, and remand the cause for another trial.
-f-alr gARUraEas --lil.