Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-04

[ thing over year, went down on Syca
more street that evening the evening Of tn
marriage), for the purpose Of finding Nh
MERRY, as / understood that he was a MAJ
who married colored and white people
/ heard also that he was a minister Of th,
Gospel. Two girls accompanied me
knew JOSEPHINE HCCosuCos-she Is tn,
lady married. did not know Mr. MERRY
until that night; he was pointed out to Inc
After he married me there was considerable
laughing in the church. I suppose that
they were laughing at me.
Denomination by Mr.. HARRISON
counsel for the defence:
The first time that l saw Mr. MERRY, il
was Just about the time Of the breaking up o.
the services. went up to the pulpit and
presented my license, and he solemnized the
rites Of matrimony There were four burn
ers or gas lights in the church near the pull
pit The lights were not dim, reflected we'll
Mr.. MERRY stood near the lights. There
wasuo confusion, orat least utlittle. When
! went after my license the County Court
Clerk did not ask any questions, only that
he wished to know where l was from, and
how long / had been in the State. was
not required to give amy bond. never saw
Mr. MERRY until that night. paid him
fifty cents for reforming the ceremony.
Mr. NIcuoL, Deputy County Court Clerk,
was called and sworn. The marriage license
was handed him: / know the handwriting,
it is that Of my brother-the endorsement is
his, and the copy an original one. would
not swear positively whether the bonds were
required before the issuance of the license or
not, as might be mistaken.
JosEPHINE MCCosuCos, lthe negro wo-
man who was married to JoHNsoN,) was
called and sworn:
NELSON MERRY.-Not acqua inted with
him. ! know that he was minister
because saw him in the pulpit. A girl
named ANNA went with me to the church.
lam acquainted with w. A. JOHNSON, he
is the gentleman that | married; l have
known him for more than year. We
were married on Thursday night last. The
church was lighted up, four burners being
near the pulpit Mr.. JOHNSON shaved the
morning before the marriage.
Cross examination by counsel for defence
went to church with W. A. JOHNSON
the girls caught up with us. Mr.. JOHNSON
LEFT me sitting in the back portion Of the
church and went up to the pulpit. I did
not know what they were talking about In
a few moments he came back for me and we
walked up the aisle near the pulpit. The
lamps were burning. Mr. MERRY stood so
that he could see the reading had no
vail over my face. Mr.. MERRY could
see both Of u.s. As the lamps were not turned
down any at all. He could see plainly that
was negro and that Mr.. JOHNSON was a
white man. I was not wearing bonnet
but had on a hat. Mr.. JOHNSON had been
sitting by me before he went to the pulpit
70 see Mr.. MERRY. Do not know what
passed between them.
DAVID JONES, colored, called and sworn
l was present at the Colored Baptist Church
and saw the marriage. started out doors
just as the benediction was being pronounced
| turned back, as ! wished to know what sc
much laughing meant ! did not know
either Of the parties. ! saw JOHNSON come
in and take his seat in a portion of the
church which was never occupied by males
did not know whether he was a white mar
or not. Mr.. MERRY stood about three feel
from the couple while performing the mar
riage ceremony. | could not tell whether
JOHNSON was white man or not. l have
known Mr.. MERRY for three years-hay'
been attending his church about that length
Of time.
JoRDAN BRANsFoRn, colored, called anC
sworn: | was present at the marriage
stood near the pulpit The audience wa
dispensing when all at once they sat down
and / noticed white man walk mp the
aisle holding a colored woman by the hand
heard several laugh, with the remark thai
white man was going to marry negro
woman. There were four burners near the
pulpit. Mr.. MERRY stood about two fee
from the parties married; his back was Il
the burners / learned at the time tina
JOHNSON was q white man. Mr.. MERRY
was not more than five minutes in perform
ing the ceremony.
GEORGE Spence colorcd, swore that h,
could not tell whether JoIISsoN was whit,
man or not, although he was sitting ON tn,
pulpit, where the ceremony was performed
Several other witnesses were examined
who testified in substance the same as thos,
preceding.
The examination being concluded, the
court asked the attorneys for the State i
they had any argument to make when Mr.
RouIN~oN arose and stated that there wal
no necessity 10 enter into any argument a.
the proof was conclusive as to the guilt O
the accused, a dozen or more winesse
having testified to that effect
Mr.. Harrison, counsel for the defense
said in reply that the statute for the Stat
only laid person liable to conviction wh'
/ celebrated marriage ceremony between
white and black persons knowingly, and th'
question for the court to decide was whether
MrEEy had committed this act knowingly
or not That if he had willfully violateI
| the law he should suffer its extreme penal
/ ties. The evidence adduced in the cour
/ showed that there was a doubt as to hi
/ guilt He seated further that he aPpeare,
/ as counsel Tor the accused only that he nigh
have Justice done him. lie did not wish {,
shield or protect him in encouraging th'
crime Of amalgamation, which was an iusul
TO the public sentiment Of the State.
Mr.. READY, in bekalf Of the State, hel'
that the accused had violated the statute
Of the State, and that any person, clerk
magistrate or minister who actually per
formed such a marriage was guilty Of mis-
| demeanor and liable 10 q fine Of $500. III
I cited the attention OF the court 20 IN
statutes bearing on the case.
Esquire MATTHEWS, the presiding Jus
/ tice, remarked that IL was plain that the CAS-
had been made ont, that the crime traS AZ
aggravated one. He directed that the &C
cusod give bond In the sum Of 81 600 FOR hi
appearance Al the next regular term Of th'
Criminal Court.