Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-08-11
adopted daughter. aftsrward told me they had

uoNA Il c adtu uS WOulu make LIlng5 DeLLbE IOl
me II he sold his place. he would bring me out OF
my difficulties; about three weeks before that, he
wanted me to put $4,000 or 1000 worth OF
, property in his hands for $1,000; / told him il
! l died, all my honest debts would be paid; be
said he would let me- have soma money If ]
: accepted his proposition my Indebtedness TO
) him had been reduced to $500 or $1,000
property he wished me to transfer to him lies
on Union and Gayoso streets +: I refused to do
It; Martin is no relation | knew his father;
| invited him to my house; | was then building
soGie houses and | gOt him to keep the time Of
he men aud pay them on Saturday nights, this
lasted about fifty days; | quit trying to do busi-
ness since January, Dy advice / told Mrs.
Shaw TO do as well as abe could | told Mar
TIN, until be could get a good placeFto stay at
my house, to attend to my negroes and bust
ness and ! would make it right with
him when | got well be had to collect
rents when they could be got, and to pay bills;
l have sold no lots since last October two
years, nor made purchases In thiF State. nor
authorized any person to sign any deed for me
in connection with real estate; the signature
to the deed in court Of my name is not mine, l
never saw it before; | knew nothing Of it until
the Saturday or Monday a~fterward; when
DR.. Gilbert rose to leave my room be told
Mrs. Shaw be wanted a private conversation
with her, and turning to me said it was from
the most pure motive; they went down and |
heard them open the sitting room door; my
chamber is the northwest room, the sitting
room is in the northeast corner; my adopted
daughter is fifteen years old, she has beea
with me seven or eight years; she is included
in the passport; | have two other children, one
Of them two years old, that was the ne
spoke Of as having fallen; when I heard the
scream | asked what was the matter, and my
adopted daughter said it was nothing; | have
often heard Mrs. Shaw scream that way when
the children have fallen; we had A little boy
killed two years ago by falling of a balcony
and since then Mrs. Shaw screams pretty
loud when the children fall; | made no
more inquiries when Mary said nothing was
the matter; Ar Beach, Who got the pass
port for me, boarded with me; the COW had
run of, she had once before gone to the place
she was brought from. | understood Mrs.
Shaw AID Martin were gone in search Of her;
sheriff Smith came TO ask for Martini told
him hey had gone for the COW; this was three
o'clock; l think about four | learned they bad
gone 10 I-u-ka to get a good room for me; my
wife always staid in my room at nights; my
wife hat spoken Of going to I-u-ka, and | got
a tickle. for her. have seen the notes now in
court (the notes given by DR.. GilbeTt) but not
till Monday the 9Th Of August, when Mrs.
Shaw said, here are these notes; | told her to
put them in the pocket book. | had heard Of
them and OF the fuss that morning, that they
Ildl UdAC II up III bllDtEL anu all names, 10
keep il from the; no notes or money had before
been handed me; Mrs. Shaw was the person
who told me all about what had happened;
when she first spoke Of the notes, she said that
they we're from DR.. Gilbert on d matter to
be Kept private; it was to be said the money
wa, for some lands ! had been trying to sell,
which are in Louisiana, not far from Baton
Rouge, and which l bought from Mrs. John
lsOn; | expect tue lands are sold now; it is
/ from ofw IN tQralga pnonfh9 ofura I hoarA from
nv agent down there; | suppose they cost me
$4,000 or $1,000; Mrs. Shaw said she got the
notes from Dr.. Gilbert on A private transact
lion; she said Gilbert wished all in the secret
to be OF one s.ory; she come up in the morn
Ing and told ne about it; | was very much as-
tODished that the doctor should do go, and said
| would rather have revenge than any amount
Of money; my wife said the families went to
visit as usual, and / must not let Dr.. Gilbert
know that | crew about matters; she told me
that when the difficulty happened, che and the
dgC.Orlhau cOaVeTsed about business, after
which he doctor said be was az hot as q
kiln; then be put his hand on her lap; then at.
tempted to put it under der clothes, and said
il she would not consent he must force her;
she said when the doctor tried to put his hand
under her clothes, she hollooed and Martin
came in; she told me the doctor sat &C the win
dow where BE could spit out, as be wac smoking
a cigar; after speaking Of business, be got ~ .
and said he was as hot as 4 kiln, that she must
relieve him; she said, What DO yCu mean,
doctor " be then put bis hand on her lap, then
uuSer her clothes, touching her knee, and said
il she would not consent he would have TO
commit a rape, s. Mrs. Shaw told me: | believe
she said he was sitting when he put his hand
upon her, that when she screamed be took his
hand away, and Martin came il; she told me
this on Monday morning about ten O'clock;
that was the first | knew Of what was going
on; she had told me that Charles martini and
be had a little quarrel between themselves, and
some little difficulty with D.. Gilbert-this was
said an hour or less after the scream; she said
Martin bad spoken to her about selling the
property over the street, and she bad told him
to mind bis own business; | saw that she had
been crying, | asked why; she said she was in
trouble: ! had asked why Gilbert staid SO long;
she said they had been fixing up a trade for
money; have a white servant girl, two back
women, and ? man, about my house; the
dining room is thiTty-four feet from the kitchen;
[ had Wilson and Beach boarding with me at
that time; | don't know that Beach and Mar
tin are 10 be considered as boarders. Ibelieve
that, in a joke, I once spoke to my daughter
about Martin, asking if she knew be was her
Il got out that be Yves my nephew;
| dom. know that | cCntradicted il. Major
Penn came to me about the notes, and ! told
him they were for louisiana lands; I said so
in order that DR.. Gilbert's family might be
spared a knowledge Of what be had done. I
told 4. B. Haynes that I had no money to pay
him: this was On Tuesday morning after Mai
Penn was with Ege. 10 not remember telling
him all my matters were now straight; that |
had a release from G lbert; that | had $4,000
in good notes and $1,000 in cash. l said il |
died | expected had enough to pay my debts;
I told him I had $4,000 OF $4,000 due me in the
city, but do not Temember saying had the
notes for $4,000. Mrs. Shaw, on Monday, af
ter she told me about the difficulty, said she
bad sold one Of the notes and was about SELL
ing another, and | said | would indorse them
The notes are made payable to me, and I in
tend they shall be paid ROU.
Cross Examined In my room | can dis
tinctlY hear loud talking in the parlOr belOw, a
very little noise distu1bs ne, and often have
to send down to tell them to be silent. Mrs
Shaw told me that Martin said to DR.. Gilbert,
/ had a pistol, | would blow your head Off"
and that Martin started to cORs up stairs to
me, butGilbert put bis back to the door
and said hew ould make it up he told Mrs.
Shaw not to cry, for it was he, not abe, vino
had done wrong. DR.. Gilbert told Martin he
would pay for what had been done, and Mar
tin said d-n your money, | don't want /
Gilbert said he would give the notes; they
sought for some blanks | had and found one;
Mrs. Shaw did not tell me this then, but since;
Charles said to Gilbert that his notes were not
worth a d-n unless s%ecaTed, and the doctor
said be would give A deed Of trust on the land;
a deed Of trust was then sent for and filled up,
and a man came and took the acknowledge
ment. | understood that the thing was hstched
up.so'that the families were to see each other,
and it was to be said, the notes were for the
Mississippi lands. Mrs. Shaw told me
the doctor said she had acted nothing
but the lady, that if bis wife knew of
what had happened she would ruin both bis
family and Onrs; DR. Gilbert and his family
have taken, I suppose, a thousand meals in my
house: | do not know | ever took one in his; |
was told BY Mrs. Shaw that a drover cam to
see Charley, while the matter was going on,
for some money due him, and that the doctor
told him not to 20 out till all was settled and
be would pay the money, ard that be did so;
che said that when she and the doctor went
down from my room, the doctor closed The
folding doors, though she wished him not, but
that the " ndows were open; | have taIks
with Mrs. Shaw in general talk about this mat
ter in presence Of Inc family; it may have been
Saturday when | learned all about it; when l
come 20 think of it, it was on Saturday, not on
Monday, when all this was told me; the affair
went on three OF four days before the doctor
made any fuss, 50 they told me.
The court here adjourned fer dinner.
AFTERNOON SESSION.
Mary z. GtlIeH On the day DR.. Gilbert was
at Mr.. Shaw's; he came about nine O'Clock. /
was up stairs when he came up; Mrs. Shaw
was in the room when he came IN; / saw Dc.
Gilbert came down stairs first, and go in the
parloT, then Mrs. shaw went in after him; af-
terward I heard Mrs. Shaw crying, and the
doctor said, "Don't cry, Capt. Shaw will hear
voD - Than vent into the dining RI am !