Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-08-11

bert myself and put him in the paTlOr, then up
stairs; | asked him up stairs by direction OF
Mrs. Shaw, WHO was already there; it was |,
rot Mrs. Shaw, that asked him up stairs; |
went up with him. Capt. Shaw, Mrs. Shaw
and DR.. Gilbert were in the captains room
together; Mrs. Shaw sat at the side Of the bed;
| attended Capt. Shaw when Mrs. Shaw left
him with Dr.. Gilbert; did not go down stairs
until / heard Mrs. Shaw cry; she did not
scream, but cried. Capt. Shaw asked what it
was, | said | did not know; | went dow stairs
and did not return to tell the captain what i
was; IT. parlOr windows were up; Jue Of the
blinds Of the front window was open. This
was after they came down stairs and Martin
was in the room; the middle door was not closed
by FIVE or six inches; | sat not far from tie
opening in the door; | perceived something
waJ going on, anA wanted to know what; did
not know that it was Mrs. Shaw who was cry
ing until | got down stutTs. | heard DR.. Gill
bert say if Mrs. Shaw would say nothing
about it be would give her a clear deed oftTust.
They talked in a low, quiet tone; after ! heard
the CRYING | went into the dining roOm; |
heard no CRYING then; the folding doors dividing
it from The paTlor were then quite closed; |
then went down IN the garden and gathered
some grape at the aTboT; | got back in ten
minutes; | was not in the garden half an hour;
when | came back to lbe dining room the
AolAlA6 NpOAo kHA'I NHNH 10 a L"FS Z
scribed, as if left so by some one taking in
water; / asked nobody whatthe crying meant;
when the door bell TuDg for Charley; both be
aud Mrs. Shaw cam to the door, her eyes
were red and I saw that it was she who had
been crying; she looked distressed and wor-
risd; when the door bell was rung l was sit
ting in the dining-TOom; / went and called,
"Charley, somebody wants to see you" Mrs.
Shaw came out with him; she did not speak 10
V,a. 7 or1.p. v-aDt harL- n tho Ifrfprr,,vp. I
did not see Mr.. wilson there; I think / was
altogether an hour or an hour and a half in the
dining-room; ! did not see Wilson until DR..
Gilbert had gone away; while | sat at the fold
ing door I did not see the persons in The paTlor;
| heard some talk on Monday about the COW
having run away; we were to have gone to
Iuka on Tuesday; I saw Mar in all day on
Monday, be was there to dinner and
supports generally about the house;
on Tuesday he and Mrs. Shaw went to
hunt the COW; | have heard no one
speak about this matter, neither Martin nor
Captain Shaw; ! have heard Mrs. Shaw talk
about it since NJ Or Penn vas at the house; |
have talked in the presence Of the lawyers
what | was to say here, once OF tUice; I heard
DR.. Gilbert say be would give Mrs. Shaw a
clear deed If trust Of all he held against her,
and Charley as much money as he wanted;
Charley said d-n you and your deed of trust
dl4 your llOltNB ut dibN bdiN uG "Dull lump
down the doctors throat; the doctor said be
was peuitent and asked to BE- forgiven, az it
was God-like to forgive, that he was guilty,
and Mrs. Shaw was a perfect lady; Mrs. Shaw
said not one wo d that I heard; I did not hear
her say to the doctor, "Pay fifty Thousand dol
lars and have don. with it," | heard no threats
used by Charley or anybody; saw both Mrs.
Shaw and Charley out and about the yard
while DR.. Gilbert was IN the paIlor; | came out
OF my room as soon as heard the crying; |
could see the paTloT door at the top Of the
stairs, but l did not see Martin rush in at that
door; | have never been instructed 10 say any
thing about what took place that-dsy. or told
that the matter was not to be divulEed: | told
that I was listening, and also all | have told
now; | WAS no. put at the folding door to lis
ten, nobody told me to do ANYTHING Of that sort:
what | have told here / told that evening 10
them, but not to the lawyers until after Major
Penn had called; when ] told them at home
about i, | asked what it meant; ! know what
an insult means; they told me the particulars,
what it meant; when Mrs. Shaw went down
with DR.. Gilbert, I went to my room and en-
gagged in knitting; | did no5 return to Captain
room.
The defense here announced hat they would
call no more Witnesses.
Mr.. harrington said that this course took the
prosecution by surprise, as the defense had ap-
piled for a severance, and the severance had
been agreed to on the ground that Mrs. Shaw
was to be introduced as a witness.
Mr.. Yerger said the defense had made no
agreement binding hem 10 make Mrs. Shaw a
An AFFIDAVIT had been made and
sworn to, bat be hal torn it up.
Mr.. Sale demanded the restoration OF the af-
idavit, az, if it bad not been made, Mrs. Shaw
would at this moment be on trial at the bar.
When the affidavit was sworn TO it belonged IL
he court, no! to any attorney. The record of
the court will show that its severance was
on The ground of the affidavit.
Judge Swayns said be had agreed to a sever
ance on being informed that the parties con-
to it. The entry on his docket was
e Severance BY consent"
The prosecution then began to call other
H. B. Williams: have lived here a quarter
If a century.
The prosecution PrOcsede! to inquire of him
Mrs. shaw's character for correctness, mo-
and chastity. Objection was made to
his kind Of questioning.
Mr.. Sale said that the allegation was that
Dr.. Gilbert undertook to commit a rape on
Shaw, that WIS put as the ground why
Martin was justified in what be had done.
vas prepared to show that, on the princi-
Vie on which a woman's character in case of
:hargs Of rape is inquired into, Mrs. Shaw's
could be investigated Mrs. Shaw's
is such as to put the idea Of DR..
Gilbert having recourse to anything like rape
o secure what is alleged to be bis design, out
,i the question. Il was to keep out inquiries
IN this point that Mrs. Shaw had not teen
into court as a witness.
Legal authorities were acted in support Of
he position taken by the prosecution, and
Judge S8ayne withheld a decision until the
court meet again at s s'clocx tomorrow morn
ing. Tbs court adjosrned.