Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-23

hisk at your hands the aequital of the defend
| anss upon the grounds that they were not mem
| bers, or rather had nothing to do with them. The
| Attorney General tells yOu that the proof is
| clear, but II Is nothing more than suppOsition.
| The Attorney General comedies very frankly
| that there was no evidence against RAMSEY: why
| did he not exercise the same spirit in regard to
! hODDT! Col. BANTER shows you that RoDDY was
| not a member. but relieved BLAIR after the trial
| OF HAuN. Col; TEMPLE says that RODDV was on a
court martial. but that in the HAUN case, he does
| not know.
KAN. Col. BAXTER tells you that he was only a
| clerk. He exercised no influence in the matter
| simply a, recorder. His presence did not cOntri-
butte to the aid of the sentence and execution.
MCCANN. Col BAXTER says that his best i'm
| preston was that MCCANN was on the court, but
the impression was not one he would be willing 10
| state as positive evidence. We Lave shown that
| the Impression was wrong.
Here the previous testimony Of J. J. MCCAIN,
| Col. LUrRELL, Mrs. KINK and Col. BAXTER was
| referred to-
But, gentlemen. out of the great number Of men
| present but one, and that was Dick MCCAIN,
| dared to go and demand the body. Was it the
| heart of a murderer that prompted him to doit2
| as 1t the act of a friend or telon? HAUN was
| executed by military guard. MCCAIN was not
| on duty he was there for the purpose defined by
Col. LUTTRELL. Isn't it strange that out of that
| vast crowd there could only be HAN Ryan and
| GLASS, and Mrs. MClNTYRE-that christian wO-
| mamie doesn't know how she could be brought
| up here to prove so important fact.
| 1t Is otshOwn tOyOu that thatCourt ever made
decision and suppose they had made n ssn-
| tence. there is no prOofthat MCCAIN or RoDEY or
| any of the defendants voted for it, There were
| thirteen members, These may not have voted
\ for it.
Suppose they had voted for it-suppose they
| had made the sentence, then l take the ground
that they acted in Judicial capacity; and persons
acting thus are not guilty of an illegal finding
sentence, unless criminal intent is shown by the
State. This is a remarkable case, and intend to
| make no reflection upon the officers of this
court: but IN conclusion will say that this Is
remarkable prosecution. We know how public
| opinion was divided when the war commenced
we know how families were divided-but the war
| god was abroad in the land. and war must come.
| We knew that throughout the South the young
men were carried off by the pride and pomp of
glorious war; put 1t was political difference.
| All the men who went into this war were not
scOundrels-al in their hearts were not traitors
the law called them so, technicaly-but they
thought they were right.
The closed, and they were parOled. An
oath OF amnesty was granted, and they avaIled
themselves of it; a pardon was granted by the
President. and of this they availed themselves
They settled down in their homes, supposing it
was all peace. One was drawn by military ar
rest from Connecticut; another from Louisville
and n third from Nashville; and for the last
twelve months they have been in prison. Why
is it that out Of this vast host these few men are
selected to be brought here and put on trial? |
ask gentlemen, why is il? Why is it that the
leaders are free as air, and stalk the ground as
free any citizen!
But am not the only one who thinks So This
was all laid before Gen. CIR ant, and he said these
men ought to be released. The Court here called
the counsel 10 order directing him to cOnine him
self to the prOOt-that he had right in aTgu-
meut. to go beyond it,
Why is it, gentlemen that, out Of 800 600 men,
these men selected and tried? But gentle
men, other and ADLER counsel will address you,
and to them leave the case.
SPEECH OF JUDGE GEORGE BROWN FOR THE DE-
PENDANTS.
-Four men have been arraigned for the hanging
of HAUN. | am not here to Vndcate the hanging
of HAUS, but ] am here to vindicate the inno-
cence of these defendants. do not. gentlemen,
believe that any case has been made out against
these men. They are charged with being princi-
pals or accessories hitch is the same thing. and
on this wish to read to you from RUSSELL on
crimes, vol lst page q to II, (reads) That is the
law on both sides of the case Here in the execu-
ton Of HAUN, it is not shown that three of the
defendants were IN the town. or the country, or
the State, or the United States. A man is taken
out and hung. and they are not present. and how
is it, ask the Attorney General that they are
guilty? Ii is not the law, and ii is not so laid
down IN the books. But deny that can
be convicted of murder, unless he was present,
aiding and abettlng, and | insist that it is end
OF the case, for they are not indicted accessO-
ries before the fact.
l adnt, gentlemen. that MCCAIN was there,
but ii Is Oiense in being there and not forbid
ding it. Does any sensible man believe that Nc
CAM was there aiding and abetting? YOU would
not predicate a verdict on the testimony Of Col.
BAXTER, as to his being member of the court
tor he SAID he was not sure of it, and would yield
his opinion TO other testimony.
Col LUTTRELL says he was with him and saw
him go, and he saw him on his return. KNOTT
knows the tact-they were talking of horse race
and KNOTT was arrested and taken to prison, and
MCCANNw was TO have him released, but went away
and did not MCCANNS brother proves that he
was here the LIST of December 1861 only few
days, and returned-called back to Nashville by
a telegram. So there is nothing against him only
that he was at the execution. And does it appear
that he was there from malice? Does his decla- |
ration to Col. LUTTRELL show malice? Was there |
man III the whole town that dared raise his voice
against the voice of Gen. CARROLL to bury HAUNs |
body at the foot of the gallOws! Who did they |
prove was found but MCCAIN, that dared to do Ii?
The State has been unable to show that he has |
ever SAID word against these men, advising their
execution.
But we are told that he was at the execution of |
HAUN, and aided in il. Mr.. BEARDEN said he was |
there: and went TO lAUN and talked with him, |
and then wrote down something in II book. You |
all now how executions are conducted.
be executed for act Of kindness deed of hui |
mRity? 1t is the first time | ever heard of q |
mans being arraigned for deed of kindness done |
to the family of an unfortunate fellOwman. But
gentleman. who of you are going to believe |
RYAN? He is man of strange ability. And |
then he. the Attorney General, brings in n Mrs. |
MCINTYRE, who swears that there tall man |
there with fair skin and curly hair. Now. if Nc |
CAM can curl his hair with a hot IRON he will do
better than think he can And she was a chris
tlan woman. he says, and she did not want him |
hung. but starved,
Mr.. WEATHERFoRD was there. and he did not |
see what MCCAIN should have done, as Ryan
and the two women did
These men are held to be guilty. because they
were members of a court martial, but that don't |
make them guilty. They say HtUN was put on
trial before them, and trial had and arrange-
ments made, but right there the matter stops Do
they ever show that sentence was had?
How are you to do? Why, he says he presumes
that they passed sentence upon them. and the !
sentence was sent to General CARROLL, and he
sent 1t to JEFF. DAVIS and he ordered the hang
ing, and they were hanged. The proof only |
shows that it was CARROLL. When MCCAIN went
for the body who did he go to for the order but to
CARROLL.
When the writ of habeas copus was sent out
who II sent tOy Who had charge of III ATN9 |
No one but General CAREOLL. The whole case
shows that he was the man that executed them.
In the case read by the Attorney General, from
Blackstone, it is where they actually rendered
verdict, and you have failed to prove it. Is it
fair? insist that it is not.
Now, gentlemen, | have attempted to show you |
that outside of all questions of belligerent rights
they are not guilty. And now | intend to show
you that by the laws of nations they not
guilty, will read from page 79l. | insist. gen
tlemcn, that person owes his allegiance to his |
country first, but when il is displaced, he owes a |
temporary allegiance TO the supplanting authori-
~ lreadSD wish to show you cases where this |
has been adJudicated, breads some authority, page
1861 Then gentlemen, when HAUS was brought |
here there was an authority here, competent to |
control armies and hold courts, and they had the |
right TO CONTROL and had the same rights, as bel
ligerents, that the United States had and insist
your honor, that If a man commits an act to-day |
that is justfable AT the time it is DONE it is right
forever thereafter--it cannot depend upon the |
failure or the success Of the rebellion, in this
case. |
1t is principle Of law that the proof must be |
consistent with their guilt, and it must be incOn-
ststent with any other hypothesis. The law of
courts martial Is. that at least two thirds of the
members of the court shall vote on the death SEN
tence, and the State has not shown that one of
these men voted for the death sentence 1t failed
to prove the necessary allegations against these
parties, and you have to presume to make n case
against them and the law presumes against them,
and TO make out murder, malice has To be proved,
and where Is the malice hcre2 That il the prin- |
ciplc, and the whole gist of the case. Has the
State shown any malice in the heart of this man,
or malice in law | hayO shown that but one of
these men was there. and he for kind and be-
neyolent purpose. There Is no malice in law, or
in fact proven.
Again if your honor please, suppose the defend
ants were on a cOurt-martal and aided thinking
they had right to act would they be guilty of |
murder? They would not. When man thinks |
he Is doing right, and makes mistake, /. he
guilty of MURDER lie l. not Ii lacks the intent |
1t is a priciple olaw if your honor please that if
an act was committed by one or two men, and
one OF them did It, and you can't tell with absO-
Lutte certainty which, you cannot convict them.
80 far as Mr.. RODDY is concerned, Col. BAXTER
was there but SANFORD, the man of color; and he |
says this is the first time he ever swOre-and a
fine swear he made of it, lie tells you of several |
men no were on the court who were never heard |
Of before, and on his testimony would you predict
a verdict / don't think you would. RAMSEY |
was at Nashville.
And what did KAN do? He only sat there and
reduced to writing the testimony and all the pro-
ceedngs of the court, and it is proved by the
State that he did nothing. Predicate a verdict
upon man sitting down and taking the pTOcee- |
iIngs of the court. SANFORD your freedman !
Dureau,b was there waiting on the court and get |
ting pay for it, and he is not indicted.
hAIN, RoDDY, RAMSEY and MCCAIN are not |
proven guilty. and there Is nothing in the case |
. hn rtrfr L. IL. |