Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-26
s- See First and Fourth Pages.


Court and Jordan Discharged.
Alter the Court adjourned Thursday, the gig
traes and counsel for the prosecution and defense
repaired TO the rssidencs of Capt. Dsmukes, and
took his testimony the accused being present. We
understand that Capt Disuukes testified that he
e3uld not positively identify Mcdowell Of
the men who assaulted him on the night Of The 10Th,
though he resembed one Of then, aud he believed
that he was enc Of them. He could not identify
either Of the o;heIs The remainder Of his tssti-
mony ccrroboIated that Of his wife r regard to the
particulars Of the assault.
DC ihs assembling of the Court yesterday MORN
ing, the counsel for the defense moved the discharge
of Samuel Jordan, the prosecution had sdduced
no proof against him to show that he had any cons
necsion with the assault upon Capt Dismukes, to
throw suspicion upon his character.
The COUNSEL for the prosecution RESISTED the mo-
ton on the ground that Jordan was found in The
company Of Mcdowell and Kelley; that he recog-
nizes them old acquaintance and boarded at the
same house with them; that although be had no,
beea identified as one OF the party who committed
the assault upon Capt Dismukes, still the circum-
were strongly against him; that the proof
Of the general appearance OF the parties, in con
- necuon with his cation with Mcdowell aud
Kelley, the former Of whom had bten reasonably
and The latter positively identified two Of the par
ties to that assault, sufficient create suspi
oiOn shat he alsoW4s psry-that al least he must
have known Cf the whereabouts Of Mcdowell and
Kelley that night, if indeed ne was not with
them
The Court decided to hear all the evidence before
considering the motion TO discharge Jold4n.
W. S. whiteman testified that Jordan is paper
ard that he on HE vvav "a 4. h ol,o-,,
of paper mill al KnOxyiil. lie saw jordan for
the irst time some ten days Two weeks ago, an
he had visited his MILL about nine niles Ircm
in the country, several occasions since that lime
that Jordan was at his mill tuesday, Tuesd " nigh.
and part Of tins forenoon Of Wednesday, trhe lGta,
and thai ne took supper his store ia tie city tha.
night, leaving there alb ou dark shortly there after
He identified letter to Samuel Jordan, dated at
Knoxville, February Is, 1859 as having besn writ,
'ten by G N. HAzer, with whose hand writing he
was familiar, in regard working for Hazeu in his
paper viii
Joseph Smith testified that he came from Pstter-
son, New Jersey, where he knew the families Of the
eefendsnts, who highly respeotsbls people
knew the PENDANTS boys, but since he left there
they have grown to manhood, and he did not recog>
mise them when he first met them in this city, though
they kew him. He saw them for the first time in /
Nashville some two three weeks ago. Mr.. Smith
has charge of the machine shop of the Tennessee
and Alabama Railroad. and employed Mcdowell and /
Kelley 10 work in the chop. DIrng the week il !
which Capt Dismukes assaulted, both worked |
in the shop until noon Of Frday. He saw no mark |
on the face of Kelley and his intercourse VITA bin
was sueh that if it had been there before Friday |
(he Is ny at noon, be would have noticed it.
ElwIId MeEvoy testified that he knew the prisons /
ers from childhood H. is at present employed in
the machine shop of the Tennessee AMI Alabama
Railroad. lie saw Mcdowell and Kelley for the
frat time in Nashville about the I'd of this month.
He noticed them work in the machiue shop each /
day of last week up to Of Friday; saw no scar
on Keley's fIce either Thursday Friday, and his
intercourse with hin such that if it had been |
there he could not have failed see it.
Lewis Dams testified that be is a fireman a. the |
machine shop of the Tennessee and Al.b4ma R4iI> !
road, and McDoEell and Kelly at work in the
shop. On Friday, the 18th. abJu. Two o'c!cck in |
the afternoon, Kelly aud himself, with others, rode
down upon the engine from the machine shop TO the |
depot Bro I'd rect; conversed with Kelly during
the ride, aud if q had be,n upon his face ,
thea, sach sPpssrd when he vas arrested, he /
would certainly have se it.
Joseph Creighton testified that he is a mschinesl;
wsrks at the Claiborne Machine Works, aad hoard ]
ed at the sa ne house with the prisoae-s He was
with Mcdowell and Kelly, Friday evening the 18TH |
noticed lhIs .llsy hlJ b,el Grlnkiag good deal
indeed was quite drunk they stopped at a saloon
and took another " horn an then started for their
boarding. house; TIA, Mcdowell lef. them to trans
act some business Broad street, he aud Kelley /
proceeding on that when they arrived at the cor
ner of Bread and Cherry streets, Kelley stumbled
and fell into the gutter, and that he gathered him |
up sad assisted him to their boarding house and to
bed. Previous to this TINA Kelley had no SC T or
bruise on his face, but on Saturday, morning he nos
ticod the left side Of his face, aud remark
ed to him that he had hurt himself pretty severely
by the fall he got the night previous, but advised
him to 60 TO work usual thai morning
Mr. Creighton was at Jolly Coles Salon We'd
nesdsy night the 10th, until half past niae O'Clock
He knew il 70 be "Wednesday night from the iu>
cidents, connected with .'joke which he aud
Others played OF upon fellow boarder WHO had
gone sparkling" aud from having heard the next
morning of the assault upon Capt. Dsmukes lie VS.
positive as to the time he left Coles saool from hav
ing looked at the clock just he stared lie went
Immediately from Coles saloon to his boarding house,
which occupied only few minutes aud he found
Mcdowell, Kelley, and Jordan already there, and
the four vent to bed at the same time in the Ime
room, and he satisfied that neither of the pris
Ouers Lett The room uat night. He never saw the
prisoners have weapon Of any kind. They dressed
and und repeatedly in The room in his presence
and felt sure THAI if either Of Il en- had had wea-
pom Of any description he would have seen it, When
he heard Of the arrest Of the prisoners induced by
the scar On kelley's face, he remarked that that
was NONSENSE and supposed they would be dis
charged immed.a ely, the fact was so notorious
that he had 10 scar on his face up to the FriJay
night ter the assault, aud then the manner il
which be received that scar or bru:se ,uld BE- =,
easily established
J. g. Miller testified that he keeps a d ardiuf
house on Cherry street. south of BrOsd; that
Mcdowell and Kelley commenced boarding with hin
on the LIST and Jordan on the 18th Of this month
lie noiced the scar on KelleJ's face for The frsr
time on Saturday ,Liug, the 10 h, at Breakfast
He saw no scare before that time but would hav,
seen if it had been there At the breakfast tabl