Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-09
THE CORRAL FRAUDS.
TRIAL OF ISHAM HENDERSON.
TENTH DAY,

v WHO was the word sent by. and whore were
q you when the word was received? 4. | can't
state who the word was sent by. Mr. Henderson
y sometimes sent word by Mr. Browning and some
y times by Mr.. Phillips
1 Q.-State who brought this order at this partic-
ular time? A. / cant do it.
= Estate how many mules the order called for?
1 A. lie never sent for any particular number Of
I mules; generally sent word when be wanted a lot
= | Of mules brought in.
i Odd he send word that be wanted a lot Of
mules at this time? A. Yes he sent word that
he wanted lot Of mules brought in or the jih of
August. If he had not done this they would not
have been sent in.
Q-Now state the exact language usel by the
part who brought this word to you? A. ! can't
do it, sir.
Q,-And you cannot state who brought it? A.
can't state positively. but it is my opinion Mr..
Browning called for the mules.
Q.-What time the 9Th did Mr. Browning
call for the mules Objected to by the accused
Question withdrawn.
Q.-Wero you allowed to send a. many or as few
mules a. you pleased? A. | generally sent az
many mules as the boys could manage well. fl
did not send the exact number it made no differ
ence so that they had rs many a. they could well
manage.
Glad you any other duties than superin-
tending mules while in the employ Of Mr., Hen
derson? 4. The duties | had to perform while at
Mr.. Phillips, were TO that the fences were all
kept up, and that the stock got water every day:
and the mules that were brought in, to count them
or put some safe hand there to do it for me If
any mules were to be sent away had to count
them Should there be any mules brought to be
put in, that were not branded, but belonged to
Mr. Henderson, branded them in his name
| Q-Were there any mules secured aside from
the 81 spoken Of yesterday, between the ID and
! 9TH Of August 1864? A. There were five mules
received at the pasture on the morning of the ID
Of August, and 81 on the 4th. That is all that
| my memorandum shows.
Q.-You testified with regard to 2l4 mules in |
| your book When was that entry made? A. 1t |
was entered in my book with a pencil on the |
morning Of the 9Th, at Mr. Phillips gate. had |
the book in my pocket. / generally kept it at |
the house
Q.-Then state, whether Independent of your
memorandum book, you remember sending of |
! the 24 mules on the morning of the 9Th Of Au-
gust. 1864? A. Yes sir, remember sending them
off on the 9Th Of August, in the morning.
Q.-What time of day was it when you received
the order? A. Idon remember, sir. 1t was very
! early that morning or the night before.
! Q.-Where were you when you received the or
! der? A. At Mr.. Phillips.
ON the house or out of doors? A. don't
! remember.
! Q.-Who was present? A. | don't remember.
Q.-Whs summoned you to attend this trial as a
witness? Objected to by the accused for the
reason that it about matters not
brought out by the examination in chief The
Judge Advocate replied that the question was a
proper one for the reason that if the witness was
present without the usual way ofwtnesses appear
ing before Court Martals that it effected the cred
ibility Of the witness. The court was cleared and
the objection raised by the accused was sustained
GLOW did you happen to be here as witness
in this case2 Objected to by the accused on the
same grounds as before. Court was cleared and
the objected 0vcrrulcd. The question was then
renewed and the witness stated that the first he
knew Of the ease, Col. Coyle told him, on Sunday
evening who told him that perhaps he would
send for him. lie had been here several days
before but did not know until Sunday that they
would makCa witness of him
Odd you have your memorandum book on
that day-on Sunday A. l did, sir
GLOW did you happen to have your memoran-
d"u book with sou? What for? A. had received
-aotice on last Monday night was week ago.
that Mr.. Henderson wished me to come to Nash
Vile and bring the books that l kept for him
while was staying at Mr., Phillips.
Q.-So last Sunday not the first time that
you heard oft? A. 1t was the first time that
knew would be made a witness.
Gross examined. Q.-IIas your memorandum
book been out of your possession? A. 1t has not.
Chaplain now, fully, about the 81 mules re-
ccivcd at Mr. Phillips on the 9Th of August for
Mr.. Henderson? A. On yesterday the question
asked me how many mules there were ut Mr..
I1it,fl fl.,f tI g Av,,r, -
make figures TO tell you. l spoke something
about %! mules being put in. intended to say
that those mules, the 81 were included with the
$50 that said were there onthc ith.
BY the Court; Your memorandum book which |
has been examined by the Court shows no record
after the It'll of August Did you keep any record Of
Mr.. Ienderson's stcokafter that date; ifso where
is that record2 4. During the time stayed there,
kept no record Of his stock at Mr. Phillips after
that date. kept a memorandum of Government
stock up the country. After | went to IIudson's
| attended TO a lot Of mules therc-scperated from
the main lot. There were some 20 or 80 of them
I Kept 4 record only Of this small lot at Mr. IIud-
sons.
Q.-Why were the mules separated at Mr..
Henderson, and did they belong to separate
parties? A. No. sir; they did not. Mr.. Dennis
was out there at Mr.. IIcndersons en- Sunday. the
day we went from Mr.. Phillips TO Mr. Hudson's {
After the mules were all driven down into the
grass lot that we carried there, Mr.. Dennis said
TO Mr. Browning that he wanted him 70 fx up
the stocks and all the mules that were not shaved
lie wanted them shaved; AMI all that were not
branded in Mr.. lIendcrSons brand, he wanted
branded. lie also wanted all the lame and poor
Ones well a. all disabled ones, separated from q
the others aud put into lot to themselves. lie
then told me that had better tend to them. The Q
rest Of the mules he directed to be put in charge a
Of his brother and that after this was all done
that he had better get up little lot of
men to help him drive them lie wanted Mr. I
Browning 10 supcrintcud the whole. S
Iy the Judge Advocate: You stated yesterday q
that you experimenting mill in Ken
lucky. Who is it for? A. Ny father: with the a
exception Of the time that am here. {
Q.-What was Mr.. Henderson, brand? 4. 1t |
was o. I
Glow long lid you remain in charge Of the
small lot Of mules at Mr.. lludson's? A. only a
few days dom remember exactly the number
| think well rs can rccollcct, that left Mr..
ludson's sometime between the 18th and 18th of q
August 1864.
Q.-Was this brand private brand required d
of Mr. Henderson, by the Government and were {
hot mule, sometimes branded before being sent to
the corral. objected to by the dolcusc the 5
ground that "a person was not required 10 nav"
any brand for his private property. and there is
nothing TO show on the record that the witness
knew that q brand was required when the mules
were put in. The court was cleared and objection
oycrrulcd. The question was renewed. Witness
said: don't know, sir, what the Government
REQ urcd Of Mr.. Henderson. 1t was usual for Us
10 brand the mules as soon a. we found that there
were any in the lot that not branded. We
were instructed to brand them a. soon as con-
NCuicnt.
Mr.. D. r. Divine of Louisville, Kentucky, was
called aud sworn.
BY the defense. What i, your name, residence
and occupation2 A. My name i J. Russell pi- ,
vine. residence. Louisville Kentucky; occupation,
mattrass maker
Q.-Nhcrc were you from the lst to the eth of
August 1852 A. was at Mr.. Phillips ?
Q.-What was you doing? A. Driving and
hcr,liur mules for Mr.. Henderson.
u-Statc whether You know any thing of a lot
of mule, driven from Mr. Phillips the 4th of
August lSj4 to the corral at Nashville State all
YOU know abouti2 A. | came In ON Thursday of
the fret week Of August, with lot OF mules 10 ,
the cuTTass.
Q-Statc whether you brought any of the lot
of mules away from the corrals? A. No. sir.
n-SfafP whether Won know auNthluw about a