Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-08-13
TRIAL FOR ExTORTION
CONCLUSION OF THE TESTIMONY
rouRrH paws PROCEEDINGS.

DudH IOi warn ds q WlLn6ss, ana that Tue prose
cutiOn claimed that they were bound to do 81
by IN agreement made with them, when the
consented to permit Mrs. Shaw to be severe,
from Martin in the trial.
Judge Swayne stated that be had every De
sire, il consistent with the nature of the case
to exclude the testimony in question. but thr
character Of the prosecutor had been a~ssailet
in the testimony, and be thought it must be ad
mitted.
Mr.. Yerger contended that the prosecute.
was not on trial for a rape, and unless be wa.
il that position, the character of Mrs. Shaw
for chastity could have nothing to do with thu
matter. It was also pleaded that a woman Of
infamous character, the commonest prostitute
may be the subject OF a rape, and therefore
whatever may be the character Of Mrs. Shaw
the present case is not affected by K. he alsC
objected that the testimony which brought az
the question Of rape was brought out by The
prosecution itself, in the cross-eXamiratlon OF
Capt. Shaw.
Mr.. harrington reminded the speaker that
the defense brought out testimony that Mrs
Shaw was heard to scream, and that coGvers2-
ton had been heard to the effect that Mrs.
Shaw had been insulted-
Attorney General ElGridge observed that the
defense bad questioned DR.. Gilbert as to GER
tain delicate matters.
Mr.. Yerger went on 10 show that the defense
was that the accused was not guilty of extOr-
4 ton. but thst the money offered ale given by
DR.. Gilbert. WIS given voluntarily to obtain
silence with respect to certain proceedings Of
his. The character Of the proceedings be-
tween DR.. Gilbert and Mrs. Shaw does not eff
feet the result. Whether DR.. Gilbert offered
the money to obtain silence respecting a forci-
bic rape, or respecting an act Of adultery in
which the woman Wss a conserving party, as
far as the defense on this trial is concerned, i.
is the same thing.
Mr.. Harrington followed, contending that
the defense had asked Of DR.. Gilbert when IN
der question, if be did not have Interior inten-
tons, and also that when the witness was on
the stand they had not objected to the course
of INSTRUMENTATION taken by the prosecution.
AttoTney-GenzTal EldrIdge said an spplica.
tion had been made by the defense for a seve-
rance of the parties indicted, on an affidavit;
that affidavit was not forthcoming. The no.
ton for a severance was based unon the ne
cessity that existed for having Mrs. Shaw's
testimony; if that testimony was not admitted
the testimony Of Capt. Shaw ought to be ruled
ont, and be asked that it should be go.
mr.. Sale admitted that there was no case OF
record having precisely the point in question.
he argued from analogy. Ie il was assumed
that violence wss offered Mrs. Shaw, because
she screamed, It was competent for the prose.
cution to show that she was of a character
not likely to scream on an occasion such a:
that which is assumed to have existed in thC
present case.
Mr. Brown said the prosecution had them.
selves brought out from Capt. Shaw all thai
the defense wished TO show By Mrs. Shaw's
evidence, and nov, from prudential and other
reasons, the defense preferred not to call hsI
as a witness, yet the prosecution wished to
force them to do so.
The ltterney-general denied that any at
tempt was making to compel the introduction
| Of Mrs. Shaw.
Mr.. Brown argued at considerable length
that Mrs. Shaw, not being a party on the rec
ord, or a witness, her character could not be
called in question.
The court was Of opinion that it was not
necessary for the defense to introduce testi-
mony to show evidence, but as they had done
so, testimony TO rebut the incubation Of evil
dence must be admitted. The court was re-
luctsnt to admit imputation of character, more
especially in a collateral way, but The pscu-
liarity Of the circumstances made it necessary.
The witness must be called.
J. d. Williams was recalled, heviEg been on
the stand on Saturday, on which occasion the
kind Of testimony attempted to be drawn from
bim-wbich was as to the character Of Mrs.
Shaw-was objected to. Mr.. Williams said:
] am acquainted with the character Of Mrs.
Shaw for virtue and chastity; it is bad.
CTOsS-E1amiaed By the Defense: Ny ac-
quaintance with Mrs. Shaw's character as a
notorious woman goes back fifteen years and
extends to the present time. I have knoyn
nv partner, Dir. Lennon, to speak OF il lately:
also Dr.. Gilbert-the latter is Lot the princi-
pal source OF my information be has fire.
q%uentlv spoken to me Of it within the past
year, but mostly within the last two years. 1
do not remember other persons who have
spoken 20 me on the subject, but her character
is generally notorious.
Cross Examined By the Prosecution: Discus
sion as to Mrs. Shsw's character has been
brought up in my Presence through circum-
stances.
e. c. Dolls: I know the general reputation
of Mrs. Shaw for virtue OF chastity as it stood
in 1915; it was considered, among the class in
which | moved, not go very good. she was
considered ss PrOdigab, and as having injured
Der character before her marriage. Icould not
tell her reputation as 10 having resided in an
improper house in Cincinnati.
r0ss-Ezcmiae3: 1 suppose she has baen
married ten or twelve years; l know nothing Of
Der reputation since, but I have beard Il re-
marked on in the streets. / an acquainted
with the general character Of DR.. Gilbert for
morality, chastity and virtue: be is good at
curing old sores and charging mighty high, and
l have heard a great many people speak CT it
in other points-some say lie is a good man,
some say he is rather handy in that wav: ]
have heard people saw be was a mighty nice
man and a good doctor; | have heard people
talk on both sides.
". r. Smith: have lived here twsnty-one
years; Mrs. Shaw's reputation has not been
good: from what have heard during the last
twenty years, it is bad; 1912 was the time |
first heard Of her; l have beard she sort Of re-
formed q little while back; l have not heard
whether she held on TO it; it was said she re.
formed somewhat, after Capt. Shaw married
her; but / do not mean to say she bad no bad
reputation during that time; Iheard she held
of a while; since her marriage have heard
people speak of her badly; the general opinion
is that she is a woman wanting in virtue; shs
was not believed to have reformed entirely
after her marriage.
". c. anderson: Ihave lived here since 1855
Mrs. ShaW's reputation is bad; DR.. Gilbert,
reputation is good; | have never before hear,
his character questioned; be has been looket
upon az a moral and religious man.
W B. Miller: ! have lived here twenty-five
years: DR.. Giibert's character has been good
for morality and chastity; Mrs. SbaW's char
acter have heard impugned very often.
Jas. NJ. FIaherty: Mrs. Shaw's character
rather bad ; I know her, she was at my stor
lately; so was Mr.. Marin.
A question was here put by the prosecution
to witness, respecting Mar in having cot th
blank notes from him ? It was objected b
the Other side that the question could net b
asked, the examination in chief being con
cIuded. The prosecution said that this, an
some other testimony Of an important charac
ter, had only come to their knowledge sine
: the closing of the examination 10 chief. Aft
t daVits were handed the Judge in support O
e the application, and authorities were cited
The question was LAID over and the defens
proceeded TO c-ross-examine the witness, VIII
said:
t 1 have heard Mrs. Shaw spoken of lateI
and years ago; I do not know she ever Wi
married, | suppose she was; know DR.. Gi
bert's character and have heard nothin
{ against it.
s. B. Williamson: DR.. GilberUs characte
9 is good as far as I know for virtue and chastit,
: J. N. Moon: DR. Gilbert's general charsc
ter is coed for chastity and morality; | bousi
two notes Of hand from him about The 1st
Z August: it was nine OF ten in the morpin,
The transaction took place in Bayliss' Off,
Z on Madison street; | thinK be was alone; [
: had proposed to trade me the paper the da
: before; he did not say what be was going
Z do with the money.
F. ". Smith: De Gilbert has had a goo
q character for morality, chastity and virtue, fc
: twenty years. Mrs. Shsw's character e
Z chastity is bad.
, ". H. Gridg: Mrs Sbsw's character fl
morality and chastity has been bad for the la
eighteen OF nineteen years. DR.. Gilbert's hi
: been good. / belong to the Methodist Churcl
DR.. Shanks: DR.. GiIbert's character f.
e morality and chastity for twenty years / new
A heard anything against, and Mrs. Shaw
character for chastity and virtue was bs