Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-24
Without closing his argument. the court ad-
burned until A. n. to-Inorrnr
HURsDAY's PROCEEDINGS.


THURSDAYS PROCEEDINGS.
read to you yesterday that no citizen can be
tried legally unless 1t be before jury, and if he
is tried any other way it is murder in those who
try hlm II ne Is executed These gentlemen have
not seen fit to argue the points that | read yes
terday from the Constitution.
/ have proved thas HAUN was tried by drum
head court martial. bogus court martial, and
was hung by them. l never have read in the
books of 4 drum head court martial. and if n SOL
der Is tried by such court it is Illegal. What is
IN every mans mouth 1t is unnecessary to prove.
1t Is public history, and Is bound by the law to be
taken as evidence without proof 1t is history
that these are the men who sat as the court that
brought about the death of HAUS. Most murder
cases are made cut in part by circumstances, and
1t is not necessary to prove all the allegations.
All that 1t Is necessary TO prove IN this case Is
that these defendants were part of the combina-
ton styled court martial who met and tried
HAUN, and that HAUN was hung thereafter. Have
done this?
read from page ga, LIST BISHOP. TfEAIN acted
with these men then he is guilty. and if MCCAIN
or HUMPHREYS hung HAUN, then this court that
tried him is guilty. And if the laws Of the land
can make man guilty, then WILLIAM CLAIBoRS
KAHN is guilty of the murder of HAUN: We all
know kAIN-all of us. l know something about
the public history of East Tennessee, and l will
speak of it. | know the part kahn took in that
history. The opportunity 10 sit on court-martial
and try LincOlnite, was a sweet morsel that he
would roll under his tongue with delight. Guilty
of allegiance TO the Government of the United
States was HAUN's ofense. Was RODDY there!
lie has not dared 10 cOntrOYert MS being there.
Was MCCAIN there? He was here in Knoxville,
and yet could prove that he was in Nashville all
the time. Coils. BAXTER and TEMPLE and SAN
FORD-that Freedmen s Bureau-WhO has as white
u heart and white n skin as many man that en-
tiers the court house, remembers 1t also, and they
all say he was there.
The people of Tennessee made it legal to call
eOlOred men as witnesses, and Providence has
made special provision to meet this case. They
little thought, when they tried HAUN, that this
colored man would rise up, in testimony, against
al II lrn4 hn4 nzN, ,v,fH INN .v,l
convict MCCANE. He says there were two men
on that scafold in Confederate uniform. One Of
those was MCCAIN, and the other, as is shown,
was HUMPHREYS He tells you that all the men
on that scaffold took part in the hanging, and
RYAN and Mrs. MCINTIRE and COMPTON, tell you
the same thing. If all took part in the execution,
MCCAIN did. II Dick MCCAIN did not do it, he
was there, surrounded by his friends. You,
Union men, did not do it. GLASS swears that Nc
CANN put the rope around HAUN's neck. That is
not all-it is stranger than that-Mrs. MClNTIRE
tells you there were two officers on the scafold,
that HUMPHREYS was one, and she was told the
other was DICK MCCAIN. She tells you she saw
an officer put the man, HAUN, over the trap-door
and she says IL was not HUMPHREYS. Who could
il be but MCCAIN?
McCAxY's friends were all around him. BEAR
DEN told you how Union man felt about that
time. Mrs. COMPTON and Mrs MCINTYRE know
how they felt. So long as the history of the war
lasts the names of DICK MCCAIN and CHIMP
FERGUSON are inseparable. And he proves char
acter but those who live here in East Tennessee,
attack them.
They say they have been parloned by the Presi-
dent. | hope they have, for no one needs pardon
worse. If they have been thus pardoncd it is for
Offenses against the Government Of the United
States
Do they. when they get down on their knees to
ask forgiveness of their Maker, dare say they
were not in that court? No sir, no. They say l
have not proved that there was sentence by The
court. don't need to prove it. 1t Is part Of the
history of the country, that HAUN came to his
death by the trial by this court-martial.
They say the State has no interest in this trial.
All don't tell me that. The State has an inter
State is interested in the proceedings Of that
which, if it had a right to try HAUN, had the right
to try you.
MCCAIN, an angel of mercy, may the God of the
people spare the State from the reign of such
angels of mercy. as long as the heavens stand.
They say you ought not to convict these men, for
if you did, the courts would not let your verdict
stand. say you ought to convict these men, for
if you do not, the State has no appeal.
You gentlemen who were not Union men during
the war, are the ones who need caution. Will
you, because you were selected, on account of
your political opinions, acqult these men? Will
you? | remember when this war was closing, and
the Union men were likely to run into excuses,
in revenge of their wrongs. The courts promised
you, your honor. who git upon the bench,
promised that if they would stay the hand of
their just revenge. justice, even-handed. should
be administered by the courts, for all our wrongs.
mand it.
Gentlemen under the charge Of the court, take
the case.
The Court then charged in writing on the gen.
eral law as to murder and failed to charge on any
of the points furnished by the defendants counsel.