Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-08-11
FOR
LVIDENGE OF CAPTAIS SHAW.
MORE OF THE PARLOR THANsAC-
TBONs.
rHIRp paws PROCEEDINGS.

claim deed to the amount of $4,000, by threat
against his life, was resumed in the crimi
nal court yesterday morning before Judg
Sgayne.
S. T. Morgan was FIRST examined l an
agent in this city, by authority Of Gen. Polk
to give passports to persons wishing to leav,
the city; on Monday last r. I. Bowling ob,
tanned passports for A. B. Shaw, his wife
children, and a servant, and also one Tor Mar
tin, all TO pass TO lU-ka, Missi ssippi.
FrGHk Sellers: I am a~ssistan teller in tht
Union bank; about August first DR.. GiibsT
drew a thousand and some odd dollars on Mr.
Moons check.
F. ". Smith: an cashier a. the Unior
bank. D.. Gilbert called lately, on one OF two
occasions, TO inquire for a note be had on Capt
Shaw. 1t was the early part of this week; a
man was with him; we did not fad the note.
YIN Mclaughlin: l know Martin; he was a
butcher 10 market four or FIVE weeks; he quit
that business some four months ago; | have
seen him most weeks in market, often with q
lady in a rockawsy; I saw him in market on
Saturday or Monday last. He came to my
stall with the lady have seen him with: b.,
bought some meat and paid for it; be bad d
roll OF bills IN b g hand; ! saw SIS, los, and
think q $50 bill. said, "You must have made
a raise" something was said that ne was in a
better business than bGtcdering.
b. 4. Massey: | am an attoraev; Martin
never sent TO ne for a blank deed; tie form oil
deed now in court was not obtained from M
office; | never saw it before.
TIE Encouragement announced that thi:
closed the case for the prosecution. The de,
Tense then entered on TIE examination Of their
witnesses.
Z. ". BroUa The deed now in court,
/ fhful~ . 800 E.Eg-aA-n - - L-----EH -
It was 10 be filed up; the date, JGly 81, 1861
seems 10 be In my handwriting; about the mid.
die Of the day | was called upon for the form;
| have no personal knowledge Of the person
who called for the blank, he represented him
self as a Mr.. Wilson, in Adams Express Office;
be received Instructions from me as 10 the
proper way Of filing up the blanks, and I had
from him the information By which I put in the
penciiing.
Cross Examined put ia The pencilings at
Wilson'S request, in the Office Of Finuie &
Brown, of which l an a partner; he did not saw
who were parties TO the deed, but indicated
that the instrument was not for himself; | think
! asked the Dants OF the parties: W .lson asked
if 1t was necessary for me to know them; said
il be did not want me to know the names, !
could indicate how the deed should be filled up,
and be preferred not to give me the names;
Wilson said he could not give ne a description
Of the boundaries Of the property; when Wilsoa
first came in be asked for Mr.. FInnie, 7 asked
his business, be said he wanted a mortgage
written to secure a debt, and 90 written hat,
in event Of tue party not paying the money,
the property should ar once vest Ia the creditor;
| said l though such a paper would not be ef
f~ective, and told hin that there we're two kinds
OF mortgages; be asked which was the best for
the creditor, I told bin, 5ad he said he wOuld
have that kind, and / gave hin the blank ac.
c%ordingiy; Wilson paid for the blank, | gave a
receipt, at the request Of Wilson to the name
of Martin, l think it WAS given the day after |
filled up the deed; / was not called upon by
a servant girl, calling herself Louisa, FOR the
deed. Mr.. Wilson was called iato court and
was identified by the witness.
Ira r. WILSON: I an engaged in the ex
press Office as delivering clerk; Hoard at Capt.
Sidw's; ] obtained a blank from Nr. Brown
about the first Of this month; / directed Brown
to fll up with pencil | was desired to get it
by Martin who spoke TO NE III The ball Of Capt.
Sbaw's house when I was there for dinner; ]
proposed the pencil marks on my own Tespon-
sibility; / declined to give tEe names for the
instrument entirely on ny own authority; !
gave the instTuC ions according to directions
given me BY Martin. | asked for the ms ru-
ment on my own suggestion, having bad in
New York State some practical knowledge Of
such matters. ( think Martins instructions
~ III VIZ EHAEil ~ 80 gA0+iN AtNA VI II NAoNs
| DO not Teeollcct him giving me particular in
stTUctions; | am sure my Instructions to The al
torney were ny OWN suggestions; I think Mar
tin did not tel! me where to get the deed, I uu-
derstood | Twas to 20 where ! pleased. I only
saw members Of the family about the house at
the time; I was in the dining room, which is
separated By folding doors FROM the parlor; I
tbiLk had gone from the dining room to the
porch when Martin came TO ne. Union street
ia 4 VERY rWhIf~ nIzrn and rknra ara haraaa
sbsut Capt. Shsw's residence; my impression
is the blinds in The psTlor were closed, except
the east window, the blinds Of oue-haif of
which were open; he glass Of this east
window, | think, WAS also open; / saw
a horse and buggy standing nearly OF.
posite The door; ] thought I knew where
it was but could net positively swear; | heard
talking in the parlor, / think from Martin; I
did not understand TIE WOrds;i 'hink he spoke
in. bis usual tone; I listened for g minute but
could distinguish nothing; my impression was
that the buggy at the door was DR.. GilbeTrs;
! saw Martin passing backward and forward,
| believe before J went for the deed; | think
he spoke about the matter with Mrs. Shaw,
they standing at the door opening on the back
porch, before ] went for the deed; the two
stood there a minute OF two, they talked Of Dr. !
Gilbert being there; I think it was before |
went for the deed; IN substance they said, az
we'll as | can r~ecollect that DR.. Gilbert had in
suited Mrs. shaw; that there had been a good
deal OF business between them, and DR.. Gil
bert proposed to settle II; that he had offered
$4,000 to keep the affair a secret, and that
Martin said as far az be was concerned, if the
doctor would throw in the claims he held, be
did not know bat what he would ~conssnt, but
d-n hin, be did not want bis money. / don't
know whether Martin or Mrs. Shaw told me
this; | understood toe thing was for ever 70 be
kept a secret from the public; Martin charged
NE to keep my mouth c osed. a part, if no.
all CT what have mentioned Of the cU3yer5a-
ton. took place before I went fer tbs deed; I
believe Martin was in shirt and pantaloons and
without coat OF vest; l san no weapon OF any
kind.
Cross-EzamineE / came from New York
eighteen or nineteen years ago; have livedhere
twice; Martin has lived and slept at SlaW's
all the time have been there. I gave ~iustruc-
tions to The lawyer to make a deed that
should make the property over, il the money
was bot paid, without any legal process being
necessary. What | know Of the difficulty was
from whatIheard talked Of; Martin mentioned
the sum OF SIC. 600; from Martins conversation
with Mrs. Shaw ! thought it must be more
than that; / knew from their conversation
that an insult had been offered Mrs. Saw. /
q d not tell Mr.. Brown who he parties to the
deed were; I an Of impression Martin told me
not TO mention the names. took the deed to
Martin; | did not see Dr.. Gilbert; / think met
Martin 10 the hall and there handed him the
deed. was not in the parloT At all while the
matter was going along. Noticed the blinds
of the parioT windows because ! did lot want
DR.. Gilbert, who had been a special friend Of
mine, to know that | bad anything to do with
the business. think Martin said, "d-n him,
! don't warthis money" but that he expressed
himself willing to settle it; ! think had this
both from himself and from Mrs. Shaw. Isaw
Mrs. Shaw rush out in great excitement; from
the appearance OF her eyes / Judge she had
been crying.
Capt. a. B.. SGg. whose appearance denoted
very i'll health, was called / have known
Martin sone twenty months, most Of which
time be has lived with ne; he is no relation; he
came from BrigEtoB, Massachusetts, He had
an introduction to me from bis father: his
| father and I were boys together and butchers
together. Martin has been attending to my
business: I did not make him formally my
agent, but told him what l wanted him TO do.
4 IbaVe been sick two years and confined at
home one wear. DR.. Gilbert called on me on
the Dist of July, at twenty minutes past nine
in the morning; l bad not sent for bim Oh that
dsV. or FOR three months before. ! know by
! taking ny medicine what time the doctor anne
Rirs. Shaw told me be had come; / was fever
isb and said, "What DO | care P" He came up
and 7 asked him about Raleigh Springs; be
said they would have good effect upon me; he
was with me half an hour. Mrs. Shaw was
also 10 the room the whole time; be said to
her, 81 came to see you before the weather got
hot.o When he got mp to 20 be said "Mrs
Shaw / want a little private conversation
with you.o He turned to me and said /:
"Csptsiu Shaw, it is from The purest mo
lives, and I think will be for your good"
pbsv both went down stairs tOretneTf