Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-13

Proceedings in ms C0urts-Evidenre in
the TSrrey Case COneIuded-County
Court Decision.
UNITED STATES CIRCUIT C0URr.-Ihis
Court yesterday was occupied by the dis
position Of causes on the second call Of
the Civil Law Docket, taking judgments
by default. etc. The case of Chester Va.
Titus, Brinkley, ct. al. was set for trial
for to-day. This is a Ease Of much i'm
portance, and a full report Of the case
win be given as it progresses.
The case Of Parks VS.. Hamilton wasset
for trial, by consent OF counsel, for Tues
day, March Goth.
UNITED STATES DISTRICT COURT.-ln
this Court the case Of the United States
VS.. estate ola. Wright, was dismissed.
CHANcERY COURT-The cases set for
trial for yesterday were disposed Of as
follows:
6-lS-suIiyan u. Sullivan. Continued by con-
H-RawllnEsts. Mount q al Report otC &
7s5-FjzgeraId szparse-petition. has
7l2-Eimonds Is Fisher, set for trial ,or to-
day.
CRIMINAL COURT.-The evidence for
the defense in the case Estate rs. Torrey,
was concluded. Judge L. T. Jones, be-
fore whom the motion for a writ Of hd-
beas corpus was heaN, was recalled by
the defense for the purpose Of impeach-
ing the testimony Of Lewis Boylon, wit
ness, and showing contradictory state
ments made by him.
R. D. Baugh sworn:
Do not know whether whitytt and Torrey
Ter. he was in the habit Of getting on sprees,
and was generally noisy and troublesome al
such times.
F0lger sworn:
Know Whitsitt. Wasin Jefferson street At the
time Of the killing. Waain 'front.' Of Franks sR-
loon. on Jefferson street. Heard "a pistol shot,
and walked q. corner Ofauey. saw a man on
Tie ground PROSTATE. aud q man cominEtoward
Jefferson street. Did not recognize him. he
slid, Clear the way " Had conversation with
B0ylan n day OF two Rfter the killing, Told me
he stood near the door OF saloon aud saidtWo
men came 60 the door, and one was Tornev- the
U-ner ne diduf know that the one he DID not
know siepped nrt IN the door and stepped
back and said 70 iorrey, de is IN mere ms
is what Bovlan told me saw B1ylan looking
around the corner Of the alley at the time Of
killing.
DR.. Enods and Dr.. Kellar were sworn
as experts, 70 show that the wound re-
ceived by Whitsitt from the pistol shot
would have prevented him from drawing
a pistol after receiving shot.
y. Gibson recalled:
Heard Whittsitt threaten Torrey once, in the
street Drew his pistol and hOurished IL. II
was about ten or one O'Clock on the oay Of the
killing Two OF three persons were present.
MI mAH RnmL"HIaH TNa #nnE T.H .LAEEa "Ha TNh
toll proved TO have Beea picked mp from near
WhittEirrs body was shown. That IS the pls-
toll. Il looked ike that, saw a pistol under
the coat OF WhitJsitt as he stood in the saloon
when shot.
y question as to the admissibility Of
evidence Of threats made by Whittsitt
was discussed by counsel at some length,
and the defense closed their case.
The argument for the State was opened
by Mr.. Stahl in a very clear and lucid
manner, stating the law Of the case, the
course Of argument to be pursued, and
the prominent facts proved in the course
Of the trial. He was followed by Mr..
Bullock, who spoke from four O'Clock till
after six o'clock pm. The argument
will be concluded to-day.
COUNTY COURT OF SHELBY COUNTY.
The decision rendered in the case Of d.
S. Lee "a c. I. Bernard, on Saturday
last, is as follows
II. s. Lee ] Petition 90 become guardian Of
-. R0bL. Bernard, { minor.
c. l. Bernard.
This cause came on formal hearing before the
Hon. Thomas Leonard. Judge. etc, on this 18th
day Of March. 1886, vein one OF the days
or the March Term. 1860. OF tho Comfy
Court Of Shelby County, Tenn. aud upOn a fuA
investlgatIon OF the cause. IL appearing 20 the
Court InaL IL would NOT be to the Interest of the
ssid Robert Bernard. for the Court 30 appoint
the applicant guardian OF the ssid Robert Ber-
nard. tt is therefore ordered 10y the Court that
the petition Of SAID applicaut, HIS. Lee, be dis
missed, at the cost Of SAID petitioner
THOMAS LEONARD, Judge.