Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-23
THE KNOXVILLE TRIAL.
THE ARGUMENTS OF COUNSEL,
POSITIONS ED-WITNESSES
CRITICISED, ETC.


CRITICISED, ETC.
In our impressions Of yesterday and tn
day before we gave all the material testi
mony given in the cases of MCCANN, KAI,
and Others in the Circuit Court at Knox
vile. As showing the character Of theview
entertained by the State in this prosecution
and the manner in which the defence wa
conducted, we now present the arguments o
the Attorney General, and the counsel fol-
| the defence, as contained in the Commercial
of Thursday:
| SPEECH or THE ATTORNEY GENERAL.
| The Attorney General opened the argument fol
| the State by dissertation upon the different
| degrees of homicide. He took the ground that an
Illegal court liable for the execution of its
sentence. and that where Il legal court passed sen
| tence on prisoner and some one, not the proper
officer executed the sentence. the person so exc
| cutting was guilty OF murder, and punishable
| therefor.
lie took the position that in the first place the
| men were engaged in unlawful act, that the
court was an Illegal one, that the Supreme Court
| of the United States had recently declared that
the trial of citizens, by military courts is uncOn.
Stitutional. Men should be tried by jury-the
| Constitution gave the right to them. lie read
| port of his position. Soldiers are amenable tC
military law. Citizens only be tried by n civil
| court, and If citizen is tried by military court
those engaged in it, or aiding abetting in the
| trial or execution, are guilty of murder. Some
other like points were made by him, and an
nounced as the leading and controlling points in
this case. Here we had court martial that was
termed drum-head court. We had court or
gained by Gen. CARROLL, who had no authority
to organize court, and who was himself engaged
in al unlawful act. We find n man. sitting down
here IpnnpSSpp and m rti n
law but this does not take effect in this ease fol-
martial law has to be published before il can take
effect, and IL had not been published before HAUN
was hung. But suppose tt had where is the law
that gave Gen. CARROLL n right to say that we
should not be tried by IA jury? The only right is
based on a wrong. | know they will claim that
there WIS n Southern COnfederacy. can take the
Constitution Of the COntederacy and hang these
defendants for murder III this case. The sentence
of this court was the cause of lIAUY being hung.
and member of this court helped hang him.
Stephens, the head of the FenianS. has much
right to convene court martial as Gen. CARROLL
had. have examined the evidence, and have
endeavOred to examine the law. and when | do
net give it the court will correct me. long to do
my full duty in prosecuting the for the State.
as in all Others, and think that against the de-
PENDANT RAMSEY the case Is not made out. They
get out part of an order from certain jew gen.
tleman, }. p. BENJAMIN, and if had known what
it was would have let ic all ill., but they got some
of il out and il an order to try these Lincoln
ties, in East Tennessee, by drum head court, and
hang them and leave them hanging.
have. in evidence, shown that three of these
utjIclualtS were On tnat court MAIN was there,
aldl!S anu asSStlDg lehaihs MS assistance 10 the
trial. don't care if he did not have the right to
VOC. OoI DANTER put AN therS ana MCCANN
there, he docs not remember that RoDDY was on
the court TEMPLE, who defended them soon at-
ter put MCCAIN there and RnDDY and KAN.
I'll admit that the brother of MCCAIN comes
IRON 10 teil US ms prother was IN Nash
cOntradicted by several witnesses and to say the
least of 1t, he is mistaken. Their own witnesses
cohtraHlet themselves. ! introduced col9rsd
man. SANFORD, whom most Of you know, and he
S ny MN anu L'oppn anu MCCANN were there.
II Is piopdipS the nrSt line q G"IoIeq man was
1ToTIi IN mus court PuI IL Nul NOT DC the llSt
iie ulneIs ollS rom Vol. DANIER by saying Ihai
IhHNSkA nas AItorhey Nenerai' ana might wei
thInk ne was q mclnber OF the court.
MoSi OF you know hANSEIi ana II you know MN
as wen as 10, you may wei thlnk ne went into
the court about the time SANFORD would see him
!hai Is AFTER II auourhed al night or before IL met
IN tMc morning
All me men VINO were on that court martial
arr SuIllS VI muIHeI' ana NOT 9hlE lhaJ, Dut
good many otherS are gulltN all VINO assisted IN
the execution OF ltAUN are guilty OF murder W no
Is the proper oIlcer OF kn9X county Is DICK
MCCANN :, was ne mere! 1ney won dehN H.
Ihey Irlcu 10 S"lieh II GOWN niue Dy O"l. LJT-
Il y IL.
ne avert quite extensively on the evidence IN
lhe case 10 snow tnat Ryan testimony was GOOD.
naiu lhe SohtraSdieIloI Detweeh RYAN ana SHADY
on one sue, ana uEtIZ on the 9ther; was a as
pute beween two dutchmen and another man. and
IueE say Inat MCOANN went there iOr good
purpoSe-that he was good fellow, Ac. l know
how that was-all about these good fellows they,
sent over mere from Nashville 80 keep Us quiet:
The unavoidable conclusion u.s. that DICK Nc
CANN was on that court, and II he was not, he Is
guilty i9r the part he took IN the hanging.
promised you ! would not detain you long.
GU VIII listen TO the arguments of able lawyers.
doubt not they will be ingenious, but don't for
get the plain principles of the law that underies
this case.
sprrfT nr rnuN n Fl r,frNc rso rop r,,p M
rFSn,Trs "
4, We are engaged IN me lnNestlgatiOn OF a case
Inat hits no PaIaileI III me uhoh' 10 nOtrecol-
IecI OF having hearu OF a case Where Tour men
were CoGolneu on oh9 lnnllclmeht. IL Is a solemn
SclI Is oile IIaf ch5livHges your Patlehce-t
uenahuS goui PIoi0uHu alShlloh'. lou nave IN
your heePlhg The nNes OF IoCr o. your 1elloW-
beings. II becomes you theh as Jurymen' to give
1t "uI PaIlenIc' ..- -.
/ II mas AnIIheI InPor!Ahee' ana that Is that IL
IA Il" paI1li III tue circumstances lhaJ gave
re 10 u. ~ Is hot case tIlat grows OUT OF the
NJ AZ luI vi cSs ol mem pqI one "heTe
tne EdI'tcS were ehEaEeu IN a war. propose 10
aunt aI! III aEulhent Sahe' ina they were on
uin' III Mlsi - impress upon yCuI
f' 'e ! y SGo y 'lnE ~ T cN II; nlIlIaIy
MAJ tltt anu i Jaw. ihlS oWehSe Was
cIliith! ~ Will u war Tas [ag'ng. ne Know
~. H., noar ~ U" op'onS ~ ine .lEt oI "Iug Vi
IN 49, trbn"I N Ia, ~ IoT 'Go
=. H. ~ m - -, -, C ,,,,' "a ~ Tr:t
20 DC a war o,, me supreme court OF the United
~ - ~ -, IVY ~ 'tt ~ wa a P uoi'D "