Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-06-27
Trial OF McCann and others.

For several Qa1S Oh lESb Week Lne Olfcult court
of Knox county, Judge Swan presiding, was engaged
in the trial of j. r. Mccain, Reuben Roddy, w.
c. Kahn, and ]. c. Ramsey upon an indictment for
murder, in that they were alleged to have partici
pated in the hanging of c. A. Hsun, in December,
1861. The defendants were advocated by several
lawyers of experience and the prosecution was con-
Quoted by Col. Thornburg, formerly of the Union
army. The jury, after disagreeing for half day,
finally agreed upon verdict of acquitsl 1t is said
that majority of the jury were in sympathy with
the prisoners.
We simply present the leading testimony as made
| ont bv the State and this do as an interest IS
felt in this end of the State in their trial. all OF
which occurred under one indictment, and before
the same jury. We copy from the Copperhead re-
port of the trial. and do not endorse its correctness
Colonel John Baxter, witness for the State, was
called
Q-were you counsel for Haun?
Al was.
Q-State to the court what you know of the case.
Al will state that on many of the leading
points my memory is distinct and vivid but
many points my recollection is not good. He was
put trial in December, 1861 but can't tell when.
l was present at the court martial, trying him on
charges preferred in writing against him. was
defending him. l don't know what has become of
the charges. The men who were sitting in judgment
upon Haun were members of the Confederate army.
l appeared before body of men in the room above
here There was present Col. Bateman, President;
I. j. Campbell, Judge Advocate; Maj. Lucas, j.
D. Thomas Steve McReynolds, Lieut.. Blair J.
Richard McCann and others were on the court. 1
can't call all to mind. The court was composed of
| thirteen members. Mr.. Kahn was present Can't
tell whether Roddy was present or not, but think
| he was not a member Of the court when Haun was
tried. Lieut.. Blair was relieved after Haun
tried, and, think, Roddy was put on the court in
his place. Kahn present recording testimony as
it was given. When the trial commenced the Judge
Advocate read an order from Gen. Carroll conven-
ing the court AT times when questions were raised
| was sent out, and did not hear the DECISIONS
The question Of jurisdiction was raised and I was
sent out, and when l came in they proceeded with
| the trial; did not hear what decision was made
| nor the sentence Of the court. l have been called
upon by friends of Mccain to know if he was pres
ent; my impression is that McCann was present
| They tried Haun and the two Harmons and Self,
| and l can't distinctly remember who was present.
AS well l can call to mind, when the arguments
were read McCann was present and Kahn did the
recording of the testimony, and he 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 up the record could
not repeat any remark made by any of the court
When l took the ground that the defendant was en-
titled TO constitutional rights and they had right
to try him. the Judge Advocate said that thew 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
l 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 writ
| ing. \ part Of my argument before them as law
yer 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 marshal to answer such arguments.
| | did not see Haun hung. Cant remember that I've
| talked with the mbers of the court about his be-
! ing hung. The gist of the charge against him was
| that he participated in the burning of Lick Creek
Bridge. Trial was in this building. The court mar
tial sentenced him l only guess at the time, as l
know he was hung. l know that the court took the
oath of secresy, customary in courts martial; and
/ dom know that they have ever been relieved from
the oath by publication of the order of sentence
| The trial was on hand about five or six days We
concluded the testimony on Saturday, and present.
ed my argument on Monday. The arguments were
| all in writing. l think it the following Sat-
urday that he was executed | don't think he was
| charged with disloyalty. He was charged, as a
| citizen of Greene county, with burning Lick Creek
Bridge in aid of the Federal army This was no
proof to his being LincOlnite. They had tried
several other persons before Hauns case came up.
l began with Haun. Campbell was Judge Advo-
cate The testimony was taken down. When ques-
tiOns raised l 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 morning. and approved reg
ularly. The custom of the court to give notice
to the prisoners that sentence had been passed upon
them. thus got notice of it. General Carroll no
titled that he had declared martial law, and Haun
not brought into court in answer to the writ of
habeas corpus Notices of martial law were put up
before the execution of the writ and Gen. Carroll
set that up in defence TO the writ.
l think Kahn took all the testimony in HaUn's
case. ROdIy was nOt-there when Haun was tried
according to my recollection l did not know how
any man voted Kahn acted rather as a Deputy
Clerk under the instructions of the Judge Advocate
Kahn had no vote.
l have crossed the Lick Creek Bridge. Lick
Creek Bridge is about % miles above here, on the
Railroad, and the Railroad was used as 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 prose-
cuted by them citizen OF Greene county, and it
was conceded by him that he was citizen.
The members Of the court duly sworn by
the Judge Advocate, and the Judge Advocate by
the President The charges were read to the
cused he was asked if he had any objection to any
member; he then put in his pleas. \ plea Of abate
ment made, and l don't know but it was put in,
and then the arrangement was made that | should
take advantage of it in argument. Kahn, at my
quest, made the plea matter of record All things
ment were part of the body Of the record.
CROSS EXAM NATION.
Questi on by Defcndants-Were not the charges
and specifications made out by the proof? THE
questio objected to by the State and objection
sustained by the court and to which ruling the De-
PENDANTS excepted.
An order read converting the court. | think
from Gen Carroll. l think order Geographic
read from Benjamin in relation to it. 4 copy
of order was presented to the witness by the de-
fendants and the witness stated that it copy
of the order that read converting the court
That was the order from Benjamin that Campbell
Judge Advocate read. 1t is in the handwriting of
I. j. Campbell.
Col. Q. p Temple was called for the State
Q.-State all you know of this case
Al don't know much of this case In Deem
Der, 1861, l was employed to defend some seven or
eight men before Il court martial in the room above
and in conjunction with Col. Haynes l defended
them. l think l was present when it first
menced, and think l heard the order read, and it
was q court to try such persons might be brought
before it. Lieut. Col. Bateman, Maj. Lucas, Capt
McCann Capt. Roddy S j. McReynolds, Captain
Thomas Lieut. Blair, T. j. Campbell, rs Judge Ad-
vocate, made the court. l do know two others.
Moses White appeared in the court room, but did
not act. Don't know that he was sworn. Lieut..
Col. Golady sworn, and think retired from the
court before the trials were completed. Kahn APP
peared there while l was defending these men,
Don't know whether it was before after the trial
of Haun. | not on his trial. l not en-
gagged in the Haun trial What l have stated took
place either before after the trial of Haun. Can't
tell which, but think from what Col Baxter
salH hat wa no mo Nyn