Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-26


o es. He saw Jordan 1T The house Wednesday,,
the lob, just before The supper bell was rung but
did rot recollect 10 have &c him eat supper.
About eight O'clock ihai evssisg Jordan came up
30 The room ~h re be tDavie) vas resiing, and re-
marked that he was Tired. having walked in from
tae country that day, and that he would go to bed,
which be did, Between nine and Ten o'clock
AcDoEell and Kelley came up and went TO he'd, af-
ter which he (Daric) vent to bed also, and he is
satisfied that neither Of he prisoners left the room
that night. He saw no scar On Kslley's isce until
1 Saturday morring, aud would have noticed Il had
i. been there before Kelley told lin, when be first
noticed il Saturday morning. that be had fallen
! down the nigbt previous and bruised ami cut his
"a ,r. clisirg tae wpuad-
! PhiHp Fnigan testified thai he boarde at the
ssne house aad oceupid the came room With the
prisoners; that he saw all Of them ST the supper
table wednesday eseeing the 18Th heat opposite
them and knew they wers there. lie WAS out that
evening until about twenty minutes past ten O'clock
at which time he returned an found the prisoners
all in bed aud asleep. lie was certain to tae
time of night, & be had locked at his E4tcb. and
was positive that il wa. Wednesday night from the
fact that hehsd that night visited lady for The
purpose OF inviting her to accompany him to the
bali to be given the next evening in honor Of ST.
Patrick. Hes saw no scar en- Kell.y's face until Sat
urday morning, and is sure he would have seea 1t
II ii had been there before
Mrs. Miller testified that she attend, 10 The table
at their boarding house. ami that she
on KsIleys ia ,s until sa.urdly morning., although
she would certainly have seen it had it been there
previous 10 that day
Alex Alexander te.tifsd that he boarded at III
same house and occupied the same room with the
prisoners; saw all of them at supper Wednesday
evening, the 10Th, and knows that they all went TO
bel before ten o'clock that night. He is also sais
fed that mona Of them left the afterwards that
night He never sas them have q weap,n OF aay
kind, and does not bslieys they had one. Heslw
them every day and knows Kelley had no scar or
wouad on his face until Friday night.
Here the testimony closed and the Court took
8 recess for dinner.
Upon the re-assembliug Of the Court at four o.
clock, the case WAS submitted without argument.
Justice Ferriss stated that totake the evidence for
the prosecution alone, and il would convict aay
sn aud TO take the evidence for the defence ao 1e.
and it would clear any lie stated that his
associate aud himself had carefully considered and
weighed the testimony, aud they felt that they
could not cOnscieniiOusly discharge Mcdowell aud |
Kelley but there was evidence to connect JOr- |
dan with the assault, and il was their duty 10 d s.
charge hm. There a CONFLICT in the trsti mOny |
Which jury ought to settle. and they, therefore
committed McDoEeu and Kelley 10 be tried By the |
Criminal Court, fixing the bail at 81, 900 each fer
themselves and securities.
As they entire strangers here, they cannot,
we suppose, give BAIL and will, therefore, have to
rem AIN in jail. /