Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-22
McCann, Kahn and Roddy Trial
Evidence of Col Baxter. Col. LuttreII,
sheriff Bradshaw, Col. Temple.
j. j. MeCann and others.
THIRD DAYS PROCEEDINGS.

witnesses sworn and put under the rule
The counsel for the defense submitted ;
paper presenting points of la# touching tht
rights Of belligerents and the relation which
the acts of individuals acting under author
ity held to 1.-THE law Of nations in regard
to public war, etc, etc The Attorney Gen
eral also presented certain points. Upor
these points it was the request of counse
that the court should charge the jury. The
Judge required them to be submitted il
writing, and the examination of witnesse.
commenced.
Col. JOHN BANTER, witness for the State
was called.
Q. Were you counsel for HAUN?
A. | was
@. State to the court what you know Of
| the case
A. | will state that on many of the lead
ing points my memory is distinct and vivid
but on many points my recollection is moi
good he was put on trial in December
| 1861, but can't tell when. | was present at
the court martial trying him on charges
preferred in writing against him. | was
defending him. i don't know what has be-
come of the charges The men who were
sitting in judgment upon HAUN, were men,
bers of the Confederate army. | appeared
before body of men in the room above
here. There was present Col. BATEMAN,
President, J. J. CAMPBELL, Judge Advo-
cate, Maj. LUCAS, J. D. THOMAS, STEVE
MCREYNoLDs, Lieut.. BLAIR, J. RICHARD
| MCCAIN and others were on the court.
can't call all to mind. The court WAS COM
posed of thirteen members. Mr.. KAN
| was present. Can't tell whether RoDDY was
| present or not, but think he was not men,
| Der of the court when HAUN was tried.
| Lieutenant BLAIR was relieved after HAUN
was tried, and, | think, RODDY was put on
the court in his place; KAN was present re-
cording testimony as it was given. When
the trial commenced the Judge Advocate
read an order from General CARROLL, con-
vening the court. At times when questions
were raised, l was sent out, and did not
hear the discussions.
The question of jurisdiction was raised
and was sent ont, and when came in they
proceeded with the trial; ! did not hear
what decision was made nor the sentence of
the court. | have been called upon by
! friends Of MCCAIN to know if he was present,
They tried HAUN and two HARMoNs and
SELF and | can't distinctly remember who
was present; as well as ! can call to mind
when the arguments were read MCCAIN was
present and KAN did the recording of the
testimony, and he was relieved while was
there, and ELLIOTT was substituted. He
took no part in the proceedings, but was
there to take down the evidence and make
4 L., /
mark made by any of the court. When |
took the ground that the defendant was en-
Titled to constitutional rights, and they had
no right to try him, the Judge Advocate
said that they were ordered to proceed.
a writ of habeas corpus was sued out
before Judge Brown, and General CARROLL
refused to give HAUN up, claiming to have
established martial law. / don't know that
HAUN was hung The officers sat there and
said little. The process was slow. The
questions and answers were all taken in
writing. A part of my argument before
them as a lawyer, was that it was murder to
hang him, and they might be called upon
to answer before the civil courts; but they
sat and said nothing, as it is not usual for
courts-martial to answer such arguments
did not see HAUN hung. Can't remem-
the court about his being hung. The gist
Of the charge against him was that he par
ticlpated in the burning of Lick creek bridge
Trial was in this building. The court-mar-
tial sentenced him. | only guess at the
time, as know he was hung. know that
the court tOokthe oath of secrecy, customary
n courts martial; and don't know that they
have been relieved from the oath, by publ
Of no nrNa of he al
was on hand about five or six DAYS We
concluded the testimony on Saturday, and
presented my argument on Monday. The
arguments were all in writing. | think it
was on the following Saturday that he was
executed.
don't think he was charged with disloy-
atty, he was charged, as citizen of Green
county. with burning Lick creek bridge in
aid of the Federal army. This wasno proof
as to his beinga Lincolnite. They had tried
several other persons before HAUN's case
came up. Ibegan with HAUN. CAMPBELL,
was Judge Advocate, the testimony was
taken down. When questions were raised,
was sent out, and when settled l came in
again. The principal question was that of
jurisdiction. | was sent out and when |
came in they announced that they would
proceed. They read the record every morn
ing and approved it regularly. The custom
of the court was to give notice to the pris-
oner that sentence had been passed upon
them. | thus got notice of it. Gen. CAR
ROLL notified me that he had declared mar
tial law, and HAUN was not brought into
court in answer to the writ of kGbeds
corpus. Notices of martial law were put
mp before the execution of the writ, and
Gen. CARROLL set that up in defense to the
writ.
think KAN took all the testimony in
HAUN's case. RODDY was not there when
HAUN was tried, according to my recollec-
ton | did not know how any man voted.
KAN acted rather as deputy clerk under
the instructions Of the Judge Advocate.
KAN had no vote.
| have crossed Lick Creek bridge. Lick
Creek bridge is about 60 miles above here on
the railroad, and was, at that time, inside the
rebel lines, and the railroad was used as a
means of transportation. The rebels had
exclusive possession of the country at that
time As | understand the bridge was
burned in the night. HAUN was prosecuted
bv them as a citizen of Green county, and it
was conceded by him that he was citizen.
The members of the court were duly sworn
by the Judge Advocate, and the Judge Adj
vocate by the President. The charges were
read to the accused he was asked if he had
any objection TO any member; he then put
in his pleas. 4 plea of abatement was
made, and | don't know but il was put in,
and then the arrangement was made that l
should take advantage of it in the ar
gument KAN, at my request, made
the plea 4 matter of record. Sometimes
part of my arguments were part of the
record.
Col O. p. Temple was called for the
State
Q. State all you know Of this case
4. | don't know much of this case. In
December, 1861, | was employed TO defend
some seven or eight men before Il court
martial in the room above, and in coniunc-
ton with Col. HAYNES | defended them. |
think | was present when il first commenced,
and | think | heard the order read, and it
was court to try such persons as might be
brought before it. Lieut. Col. BATEMAN, |
Major LUCAS Capt. MCCAIN, Capt. RoDDY,
:. J. MCREYNoLDS, Capt. THOMAS, Lieut.. !
BLAIR, J. J. CAMPBELL, as Judge Advo- !
cate, made the court do know two 9th |
ers. Moss WHITE appeared in the court |
room but did not act. Don't know that he
wassworn. Lieut.. Col. GOLLADAY was sworn |
and think retired from the court before |
the trials were completed. KAHN appeared |
there while | was defending these men. |
Don't know whether it was before or after |
the trial of HAUN. | was not on his trial. /
Twas notengaged in the HAUN trial. What |
| have stated took place either before or after |
Il Z toll NrhI Init