Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-08-10
TRIAL FOR ~ExEORTION!
DR. GILBERT's TESTIMONYJ
PECULIAR DEVELOPMENTS.
SECOND DAYS PROCEEDINGS.

bG W - VI u hHhh AS0t NokNsN.
to secure the same-by means ofverbaI threats
upon bis life" was resumed in the criminal
court, before Judge Swayne, yesterday morn
ing. On the previous day a severance was
granted, by which Martin obtained a trial
separately from Ellen, wife Of A. B. Shaw,
; originally put on trial with him on the same
a charge. The selection of a jury was pro-
ceeded With, eight having been chosen the
, preceding day. The jury when made up was
composed Of the following gentlemen; Asa
; Shelton, Moses Stout, NJ. Muiholland, J. F.
Green, D. c. Trader, F. B. Henry, 4. L.
GOf, J. n. Jones, Joseph Bruce, a. C~orannO,
F. NJ. Cash, J.. B. Oliver.
The first witness called was DR.. Gilbert, who
depOsed; / know Chas. n. Martin; the fret
tine | ever saw him be and Mrs. Shaw came
TO my house; she introduced hin TO me; I have
often seen him since, and almost always in
company with Mrs. Shaw. They were usually
riding together when | saw them out. / sell
dom Went to Capt. ShaW'sW without seeing Mar
tin; he was said 60 board there; be has often
been to my house within the last few weeks
back; I think IN Tuesday or Wednesday of
last week was the last time; he called the Sun
day before that, and said Mrs. Shaw wanted
very particularly to see me; I was not well,
and did not want to 20, but he urged me and 1
promised to 90. ] went, | think, on Tuesday
or wednesday,, 10 Capt. Shaw's house: | went
into the paTlor and was invited to see Captain
! Shaw; after doing SO. ! cane Down stairs;
as I got down | was asked by Mrs. Shaw to
speak with her on business; / was introduced
into the parlor, | saw nothing of Martin; she
spoke Of money matters, said was the best
friend they had on the bluff, and said they
wanted mere money; | said [ had but little.
Martin came in; she said "Charley, | want no
company here, 90 and get the horses shoG;'
and be went ont. wanted to 90 away, she
objected and said: 81 must talk with YOU, |
am nearly il desperation and must have mo-
ney, or our property will be taken by the sher-
if" She spoke then Of her limbs ana person as
perishing away from trouble, and began to
handle her arms; she said she had once very
pretty legs, but they had persisted away; /
said if you had as tiesby legs as | have you
would not complain; she wanted to
see my legs; / f~oolishly pulled up my
psntaloons leg and nay drawers and
showed her my leg this is the only thing = in
the matter | am ashamed Of she then spoke
of my looking at her leg she said I could not
see it without her consent; I said | respected
her too much to desire her to do so if she
showed me her leg she pleased herself; she
must herself remove her dress if / saw it; she
said that was not for her to do ] did slightly
lift her dress. Martin at that moment sprung
in (; be said, "Yoa Cd id scoundrel, / have
you now where | 4 wanted you, yeu old hypo-
critic. Ihave long suspected you.' l asked
to explain, but was not permitted I said I
would 90; Martin said if l left I was stronger
than be, and be would shoot the top Of nv head
of; | saw a trap was set for me, and wanted
to settle the matter in Capt. Saaw's room
Mrs. Shaw said il ] went there | should be
murdered she pretended to cry, and said size
u-ou -rfua1- I urv- -. @aa-r I oas1 I urao Ill J
ling to settle it, and asked what they wanted
/ was in fear Of my life; Martin used
threats; be said / had made a propo-
sition, and be would answer it; that
Twas a Cd DID scoundrel and bad been ruin
ing shaw with nv usury that be would take
$4,000 for Mrs. Shaw, and say no more about
it. / said / had not the money he said if I
would pay that amount nothing should be said
Of what happened to Mrs. Shaw I said it
could not be kept silent; be said be would
blow my DID head cf II | did not settle the
matter she came and whispered to me TO pay
and have done with it; I told them to draw
the notes for the S10,O00-I was too much agi-
tsted to write them. Martin drew them up
and I signed them be then said, your notes
are not worth a d-n you must secure them
by mortgage ! declined, but he would have it
so. was in fear of my life she said, "Trus
bin, Charley, be is a man Of his word" I
wanted to 90 up town to make ont the deed:
be would mt consent, but sent 70 Mr.. Massey's
office for a blank then he wanted a clerK to
I'll it out. ! was too much agitsted and
alarmed TO know very well what I did. The
clerk was sent for and came ; I did rot know
him the doors were Kept shut the clerk drew
up the deed and I signed it I went to the
clerks Office and acknowledged il; Martin
went along be told ne in the street that If ]
said q ward Of the matter he would kill me
be has done this until within the last few DAYS
again and again.
CrOss-EraniEsd by the Prosecution: No
Business was mentioned when Twas with Cap
tain Shaw in bis room. When I entered The
house Mrs. Shaw invited NE to 90 up stairs
and see the Captain, and TO see Der as I came
down; sac wanted to speak to ne very p%srticu-
larry; as / came down ] entered the psrlor:
Mrs. Shaw shut the door and pulled down the
front curtain; the other curtains were down:
| do not know whether she locked the door.
sat dow on q chair; she sat on another lust
opposite me. She spoke Of their want OF
money, and said she and the Captain would ,
have some; l said / was shot Of money: some .
time before she had asked me for 500 and !
said the sheriff was going to take their prop |
erty; she wept and sobbed, on that occasion, !
and / borrowed the money for her. When | !
was in the psrloS with her sue asked me to :
look at Der arms and legs--they were SO fall )
ing of with trouble; showed her bow stout F.
my legs were; Hooked at her legs with her !
consents; l think saw her garter: I felt Of Der !
lee, as she had suggested; / had n thought o. I
taking Improper liberties, no more than Of Z
burning the town that day; as ! bad ny hand !
on Der leg Marin burst in; be abused me very :
be said | was a land plate and had :
robbed Capt. Shaw. | executed the deeds for !
$4,000, and the mortgage release for S 5000, y
under fear Of death; / have that fear to the s
present day. Martin bToughtth the papers ready '
prepared, and said / bad brought them to make y
Mrs. Shaw sign them, and now I should sign !
them myself. / denied that l had brought Z
them, and appealed TO Mrs. Shaw; she said, .
mo, Charley, Mr.. Richardson brought them" !
Four Of the notes were produced, and were !
identified by the witness, each one was for /
$3.50; witness said a sixth note for $1,000 was E
paid the day after the above occurrences. !
The Cross Examination Proceeded: No one I
present when The notes were given but n
myself, Martin ana Mrs. Shaw; Martin said i
be had sent a servant to Massey's offce for !,
the form Of the deed; ! think it Eight be 4
near a quarter or a nalf an hour before it \
came; Martin filled it up; I signed it serely s
against my wilt; Ms. Shaw was not present 7
The signatures were put to the deed; the 4
were executed on the same day as the /
deed, but previously, Martin went with me to 4
Acknowledge the deed; on The way be said nv =
WASH bis hands il I told about the mat =
! acknowledged the deed before the clerk: 4
| said to Mr. Trezevant, the clerk, Ct think on \
the sam day,) Mr.. TreEevant, | wish YOU :
would not record it; be said be must, il was a
paid for; Martin and Mrs. Shaw Insisted on \
having a thousand dollars next day, they i
wanted it; it was paid in the Union bank; n
Martin would not let me go to the bank alone; !
he said be might have his brains blowed )
out; be had no c)nfdsBce IN anybody, and =
would not trust M. The money was got on a n
check | had obtained from Jacob Moon for =
notes I sold him; Martin demanded, after the :
Of the $1,000, $3.50 for himself; I paid {
it him under the same threat; he said that was :
for his services, the other was for ATrs. Shaw. :.
demanded the $3.50 near the Union bank. '
| made at no tine improper propositions to
Mrs. Shaw, and paid the money for no such t
conduct, but under threat Of my life; Martin de-
msnded the deed, Poston wrote it, and ] &C.
knoWledged it; PostOn, Esquire WsldFan and r
Martin were along; Mr. Poston, and / think s
were trustees; Martin demanded the
quit claim deed in the most peTemptoIy man 7
aer, with a d-n at nearly every word;she did II
not all the time say, ] will shoot your head of,
but the word Was, "Xour life is in your owl :
! acted under tia iaPGlse CT these =
threats. He very particularly asked me il ] .
told Mr.. Poston what had occurred; I said :
no; I had not then told Mr.. PostoB. l did so i
sftsrTaFd; l took him and told him the whole y
Of it. / did not put my hand above Mrs. s
Shaw's knees; she psFtial!F Taised Der clothes. o
Cross Examined 5y the Defsnse 1 was .
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