Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-10
THE CORRAL FRAUDS.
TRIAL OF ISHAM HENDERSON.
ELEVENTH DAY.
j. II. browning observation-disclosures
OF d. =. browning.


j. III. browning ReeaIIed----TesIimOny
OF d. =. browning.
The Court Martial met yesterday morning
at 10 A. ~. and the minutes were read and ap-
proved.
Lieutenant Colonel Coyle then made the follow
ing demand
The accused here asks for the record in the case
Of the United States against II. Bruner, which he
understands is in the hands of Capt. Noris, Judge
Advocate of the Court. Accused states that he
believes the production Of said record Is material
and necessary for his defense.
To which the J Judge Advocate replied
The record in the case Of II. Bruner as demand
ed by the accusad cannot be given up by the
Judge Advocate. The law requires that all records
be signed by the President Of the Court and the
Judge Advocate. and then forwarded to the au-
thority converting the Court The Judge Adyo-
cate claims that be has no legal right TO produce
this record rs demanded. a. be doe not know
neither does the accused inform him. for what
purpose he requires the record.
To which the counsel for defense replied:
The accused has stated that he believed that
this record wasnecessary and material for his de-
Tense. and be is entitled to it in whosoeycr hands
II be. Grcenleaf, page 90, vol: lst, par. 4b2,
clearly laws down the well established principle
of Inv. that the credit of witness may be I'M
peached by proof that he has made statements
out of court contrary to what he testified on the
trial. Accused desires also. by the statements Of
Hogc on the former trial 10 account for large
part Of the money deposited at Sax. The record
Of the former trial is the best evidence Of what he
said, and we are not only entitled to the record,
Int the law requires that we must produce this
best evidence before we can attempt to prove 1t
in any other way.
The Judge Advocate replies that the record
demanded by the accused i not a record yet,
not being complete and not being public docg-
ment, and cannot be inspected by any outside
party until 1t shall have been passed upon by the
reviewing authority.
The Court having been cleared. the Judge Adj
vOcate announced that the record in the case Of
II. Bruner could not be furnished, but certified
COPY Of that part OF the record containing the ev
idence Of William Mckay Hoge could be fur
Mr. J. r. Madison. a witness for the defense
was then recalled by Lieutenant Col. COyle, no
objection being made By the Court,
Question by detcusc.-State whether or not any
mules were added TO the lot Of rs taken from Mr..
Philips on the eth Of August, before they arrived
at Mr.. Hudson's. A. There were.
GLOW many. and where did they como from?
A. There were II; they came out of a lot belong
ing to Mr.. Love.
Estate how it happened that any mules at
Mr.. lludson's were not branded, when it was your
duty 90 have them branded as soon as they came
in your care at Mr.. PhillipsY A. Because there
were other mules mixed with them alter they lett
Mr., Phillips.
Q.-Staie whether or not there were any Of the
IA you have spoken Of that were not branded,
some Of the Il not branded. l don't know for
certain whether there was or was not
q. S. Browning. a witness for the defense was
then called and sworn.
Question by the defense: What is your name,
occupation and place of residence and what was
your occupatsn in the month of August, 1864
A. g. ). Browning is my name; am a farmer,
and live in Logan county, Ky. In August, lS6l
/ was driving mules for Mr.. Henderson
mules from Mr.. Phillips to the Government cor
rails at Nashville in August. 1852 A. did.
Q.-State whether you took a drove Of mules
from Mr.. Phillips on August 9th, 1861? Objected
10 by Judge Advocate AS being a leading question.
The court having been cleared the objection was
sustained.
ing to MIR. Henderson from Mr.. Phillips alter the
! 9Th Of August2 If so, when? A. es, sir took
| a lot on the 9Th of August-on Friday.
| Q.-Whcre did you take them to A took
them to McCoy's stock yard ON the 9TH OF August.
| Q.-Statc whether there were any mules IN Nc
Coy's stock yard, belonging to Mr.; Henderson,
| when you put your drove in; and II so, how
| many? A. There were some there, L don't re
| member how many.
GLOW long did the mules remain in McCoy,'s
| stock yard. and what was done with them? A.
| They stayed there until the next day, and were
| taken 20 the corral then.
| O.-WhO took them to the corral on the next
| day aud what corral do you mean? a. l took
| them thereto the Government corral
| Estate whether or not the mules rode by the
| drivers were turned in to be inspected with the
others; and if 30 how many? A. They were.
don't remember how many; probably ten or ff-
teen. They had n good many hands ~
| estate whether the mules belonging TO Mr.
Henderson that were in McCOy's lot before you put
| your drove in, were taken with the drove on the
| next day TO the cOrrals to be lnspectedE IN
jected to by Judge Advocate as leadng' ana lhOd-
OEWhat became Of the mules belonging
to accused that were in McCoyyS lot before you y!
| put your drove in there. A. They were taken TO
! the corrals with the balance of them.
Q-Statc whether you took away any OF TINS
| drove from the Government cOrrals? II so, where
| 4 ypu fol thpm and how many did You take
| away? A, l took them away and carried them
TO Mr. Hudson's-lA.
Q.-State whether the III included the mules
! rode By drivers A. They did.
| Question by Judge Advocate: When did you
| first enter Henderson, employ, and when ga you
| leave it2 A. About the 9th Of June; lS0l'
| think, commenced, and l quit about the I'd oil
0IWhatwe your duties while in his employ?
| A. TO drive ard brand mules herd them and so
| on. and see that they were attended to.
Q.-When did you go TO your home IN Men
lucky, while at Phillipsf A. About me g'th oil
! june think | don't remember positively.
Q.-Whcn did you return? \. | got back to
| Mr. Phillips the 3lst of July, 1851.
| Odd You stop ut MIR. Phillips'-board there
O|Wos il n part Of your duty while in Hen
dcrson employ to drive stock to the corral! A.
Odd any one else have charge of driving
stock TO the corrals butyou A; They did
| Q.-Who wasit2 A. Mr.. Madison.
| Q.-liow many lots did Madison take To the cor
rails while You were with Mr.. Henderson! A. l
% Do You remember any one lot? A. Yes
Q.-when was that lot driven? A. The lst Of
| August.
Do you remember any other lots A
! lie lad charge of no other while was there.
O-Were any mules of Henderson, put N the
| .,rr,ls i'm the name of J II Dennis? 4. don
| lrrn,y who they were put in in the name oil.
When did you put in the first lot of mulei
C,r Henderson, and how many were there a.
don't remember how many sir; and don re
member when the FIRST lot was put lh' II va
soon after | came down.
'oO0LWhcn did you put the second lot in, am
how many? Objected 10 by defense. NO tlme !
mentioned, nor any lots OF mules spoken OF IN IN
Examination in chief. except the first week IN
Anrust and two lots of mules. The court mas NJ
ready decided that collateral facts cannot be pro
, ven as ground for impeachment ana the qucS'io'
docs not even refer TO a collateral TACT.
mo Judre Advocate replied: The cNamlauoi
in chief developed the iactthat the witness was II
Mir Ueudersons employ. We propose 10 eros
J cHnminc him NJ 10 the nature, scope and dura
ton of that employment lilo has shown mono
r nv rctcntive to an extraordinary degree. and We
= proposo 10 test that memory by questions relatlh
, To- every act of his while in Henderson, employ
I | See Grccnleai page $40 ,..:. ,r
The Court was cleared ana the one''ioh Owl
, 'u R' don't remember; haven't got the book
! | kept there. a., n;,l, an
| how may were thcrc2 A. don't remember thal
How many lots did You put IA IN June Loo'' IL
IA Mr. Henderson? A. | don Know sur ,n,l.
- Odd you put in lot of mules ON the I'lh
Junc9 III SO, how many 4. | don lemtip'
' uniting in any on the 18Th; think l was SICK u
- that timc. nj Mr.. Phillips. -, &C.,
u-Mhut time were you taken SICK a. wa
taken sick about two days before went nome;
IS | O-Do Won remember putting IN any single ],
1 | in lime 1862 III So how many were mere. 2
, / don 4 remember the day, SIR; remember pIlhl
, ing them TO Nashville, but don't remember u
daN. ,.,.-,-. A.. ,,rl,s
| ,lSo,rr,i nm tha Gth Of August A. don know
in. had mo- watch or clock there.
Is about what time was it, \. l think II Wa
y | ,bNut h o'clock rs well rs remember. .
\, O-Who inspected them A. l didn't SIS
| thCrc 90 see them inspected. -,
I'd a. Aupr YOU took tho mules 10 the c"tI'
r. | whore lid You 20 to2 A. went up m town.
d, a. How far was 10 from Mccoy : TO the cora
" nnA how long did it take you TO go there win u
o. mules 4 ] can't tell you, SIR
q About how far and about now long a.
e. y,,I,,,,sr II was about half mile; don't kno'
%, sir now long il took-ahout rs long a, hlu
would go there and you have a good an ldea
lie "0j'""When did you go back TO the corrals ait
-, ,,, tnu,nY A. | went back that evening.
o. Nhout what time that evening \. ADO
ia o'clock, | reckon. ,.., b,
Is. o"Wbcrc were the mules when You went nh
"a | Ia Inc corrul2 A. In the lot there Al the o"ii
O.-AIl together? \. No, s'r; , "
Didn't ylou count them theh a. ~ :
nal 1 r,pufrl them and turned them out
e. d How long did Il take You 10 count th''n "'
w I don't know. sit. w.long At TOOK, ,
O-Statp ~ near n you can 4 l H"lt ''N
he "o"Sny longer? l. | don't know that It to
IN, that long. had no ume-piecei ana JAW "
note. That lot came out very SlpS. -, I,,,,