Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-18

was made.
Cross-examined by Mr. Ewing 1t is
common for the lobby to be occupied by
persons when the Legislature is in session
II is common in ordinary times for persons
TO come in and talk with the members
They will often come in without invitation
saw no extraordinary focking when they
saw this effort was made TO break up the
Legislature ! do not think | ever saw
Judge Frazier in the House. / saw his
brother, think, but | do not recolleet 10
have seen the Judge in the House. Judge
Frazier lived in the country, sixmiles from
here, believe.
To Mr.. Maynard. The Judge comes to
town pretty regularly l do not know
with whom he associated. / did not often
see him.
TESTIMONY OF CAPT. HEYDT.
Capt. William Heydt examined by Mr.
Maynard was in Nashville in July, 1866.
| was sergeant-at-arms to the House of
Representatives. / had warrant placed
in my hands for the purpose OF arresting
several members. employed sixteen or
eighteen assistants TO arrest absent mem
bers ! made application foT military
assistance had report from my assistant
men. They had trouble to get Mr.. Marable,
they said. Some of the men used revolvers
and pistols, for that reason l sent applica-
ton to Gen. Thomas for a squad of soldiers
TO bring the members here. | did not
obtain the soldiers. General Thomas
had instructions from Washington not to
interfere with the civil government of the
State / succeeded in arresting Williams
and Martin, mentioned in the Speakers
warrants. When / had arrested them |
took them to the committee room of the
House of Representatives. | made every
provision for their comfort and care. They
had tobacco, cigars, whiskey, beer, their
meals and everything. This was paid for
first at my expense and afterwards at the
expense of the State. | had them in GUS
tody four or five days | received instruc-
tions from the Speaker to keep those men
in the House. | informed the Speaker
| how | had succeeded in securing the at
tendance of these men. A writ of hdbeaS
corpus was served on me. | do not know
who got out the writ. | think | was
first ordered to get Williams on the
10th or 18th of July. When the
paper was made known to me |
reported to Speaker Heiskell There were
counsel there on behalf of the State to as
sist me- The Speaker instructed me TO
! keep Williams and Martin in the House.
! There came a posse of police and the
Sheriff. | counted twenty-five or twenty
nine. In the evening they took Williams,
and in the morning Martin andmyself. They
took me to the Commercial Hotel and
placed me in a room on the second story
where | was watched and guarded by two
policemen. About seven o'clock they gave
me breakfast. | was assessed ten dollars
for cost by Judge Frazier. Judge Frazier
took the bench as Judge of the Criminal
Court and Judge Cant was my counsel.
Judge Frazier took me down to the Cerk's
room and | paid them the money.
was then discharged | forgot my
pocket-book in the morning and left
it in my room. | had to borrow
money of friend to pay the money. My
purse contained forty or forty-fve dollars
Nobody had been in my room but the po-
lice. l have never seen it since Judge
Gaut volunteered TO defend me. | had a
warrant TO arrest the absent members They
were constantly changing boarding houses
! do not know whether any effort Wa
made to break up the House, except by the
members that belonged TO the House. /
heard Mr.. Williams and Mr.. Martin say
that they never Would vote for this amend
ment. They did not say why they had gone
home When the policemen came to my
room, | called for my watchman to come
in too. The policemen would not let him
come in.
By Judge Gaut: | remember that there
were but a very few persons in the Court
room when you came to me and asked if |
| had any one to defend me, and that l said
| had not, and should be obliged as l knew
| you and you knew me if you would defend
me- You did it to oblige Inc. When l
| told how l had left my pocket-book behind,
Judge Frazier offered to loan me the $40.
! Judge Frazier said / was not to blame, and
| did not fine me, but got the costs reduced
for me below what they would have been.
TESTIMONY OF NJ. B. HOWELL.
| Mr.. NJ. B. Howell examined by Mr.
! Gerry Court for Davidson county. Mr. May
nard handed papers to him to look at and
! state what they were. Witness answered:
! This paper handed me is an official docu-
ment from my office 1t is a bill of the
| Mayor and Aldermen of the city of Nash
/ Vile, filed in the Court of Chancery on
the lst August, 1866.
Mr.. Ewing: We submit that this is not
|
! has no manner Of relevancy to the matter
/ at issue.
Mr.. Trimble: We offer this as evidence of
| the animus of this community. That bill
virtually declares the Legislature of this
State bogus Legislature. 1t is a symP-
tom of the times it shows the darkness
that was arisen on the land. In ordinary
times, such a bill would not have been
| IL Il l. ha ElaI Ind AZ
| member of the community, and like others
felt the influence of that spirit that was
pervading this community. He was proba-
blv insensible of it, but still it is to be ap-
pretended that he felt its influence.
Mr. Ewing: / am still unable to see
any connection that can be made between
this record and the case before the court.
The matters herein mooted are altogether
foreign to the matter now in issue. They
are simply res inter altos dctde, having no
pertinence to the question we have now
under adjudication, and show no connexion
whatever with Judge Frazier. 1t seems
to me that we might take up any other
record that has existed at any other time
prior to this matter, and adduce it in de-
termining the question which this court has
to decide l say, may it please the court,
that Judge Frazier is not to be held re-
sponsible, even if there were in the bill filed
hv the corporation Of Nashville evidence of
disrespect and ill-feeling towards the legis-
lature. The bill contains nothing more
than was necessary to bring ont the ques-
ton that was to be discussed before the
court For the first time We have the OBJ
lection that this was disrespectful TO the
Legislature. The Chancellor that granted
the Injunction did not regard it as dis
respectful. He was an officer appointed
by the party in power and surely would
not have given his sanction TO a document
that was couched in terms disrespectful to
one of the coordinate branches of the gov
| ernment.
TheQuestiOn was then submitted whether
the documents should be accepted by the
court as evidence in this case. The court
decided by a vote Of II TO that they
should be received.
Mr. Ewing: We insist upon a two-thirds
vote as much in questions Of this sort as in
in the final vote.
The court decided to postpone this ques-
ton for farther discussion but determined
on receiving the documents in the present
instance.
The court then adjourned
NOTICE.
NOTICE Is HEREBY GIVEN. THAT A
~ Cowmfusiou appoiutad BY autherity of Act