Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-17
NINTH DAY.

Nh II - 80
Mr.. Mullins Did Not ApPeRr-ExAm-
inatiOn of Representative Elliott
and Tive other Witnesses.
THURSDAY, May 16, 1867.-The court
was called to order by the President at nine
o'clock, and nineteen members answered to
their names.
Mr.. Maynard opened the proceedings by
stating that at the hour of adjournment
yesterday Mr. James Mullins was under
examination, and that it would be remem-
bered by the court that he stated he
was under the necessity of leaving town
that day. He had left last night At the
time Of adjournment a discussion was pend
ing as 10 the right Of counsel to put a GER
tain question to the witness. He did not
think it was desirable TO continue that dis
cussion now, but would defer it till his
examination could be renewed. Mr.. Null
lins, he had no doubt, would be in attend
ance on Monday. In the meantime, they
had sufficient witnesses to occupy the time
Of the court till his examination could be
resumed.
Mr. Ewing: We have no objection that
Mr.. Mullins examination should be re-
sumed at any time before the examination
Of witnesses for the prosecution has closed
but certainly should object to his being re-
examined after the prosecution had got
through with their examination of wit
nesses, excepting as a rebutting witness
afterwards. / object TO his testimony
going before the court at all as it now
stands, except we have the opportunity OF
cross examining.
Mr.. Maynard: We will now examine
Mr.. w. j. Elliott, of Murfreesboro.
TESTIMONY OF MR.. ELLIOTT.
Mr.. Elliott being sworn was examined
by Mr.. Maynard, and testified as follows:
| reside at Murfreesburo, in Rutherford
county, of this State | was Representa-
| tive from Rutherford county in the House
| of Representatives Of this State. | was in
attendance at the extraordinary session OF
the House in July, 1866. ] do not know
of having been absent during the sittings
Of the House in that session. | have con-
siderable acquaintance in this city, and
| think have such opportunities of knowing
the state of public sentiment here AS are
| common to ordinary citizens Of the place
] think there was 4 high degree of popular
excitement prevailing during the most of
| the time the extra session was proceeding
Mr.. Ewing We wish it to be understood
that we object to all such questions as the
one Just answered But having been over.
| ruled by the court we do not design to in
sist further on the point.
The examination of the witness was re
sumed So far as | am capable of Judging
the public feeling here in Nashville wai
adverse to the constitutional amendment
l thought there was a good deal of bitter
ness in that feeling. ! do not know of any
expression of feeling on the part Of indi
vidual members of the House of Represen
tatives. There we're quite a number o
members that thought were acting for tn,
! purpose of thwarting all efforts TO get
| quorum.
Mr.. Maynard State what was done t.
prevent the assembling of quorum.
Witness: observed that on the first dal
of the meeting Of the Legislature there wa.
evident concert Of action on the part o
certain members TO absent themselves, S,
as 90 reduce the number in attendance be
low quorum. An effort that was mad
among some of us that time to secure
quorum, will serve 70 show the state 0
feeling existing, and the impression tha
! prevailed as 10 the design of those VIII
brought it about This was, that we woulC
some Of us absent ourselves till those mem
beTs who were endeayoring to obstruct tn
business of legislation should have got in
and then suddenly come and lock the door
on them. l believe that conveys fai
expression of NV views on the sab
not connected with the House wer
| a. Il
ends. / believe / do not call to mind an,
persons as lobbyists, and as asconierring will
the members The ordinary rules Of tn
House were enforced TO secure a quorum
The order was given TO the Sergeant-at
arms TO bring in members by force,
necessary. | was here at the time tn
haJeas corpus was sued out. was presen
in court only for an hour during the argu
ment. When | entered the court Nj
Trimble was Just finishing his argument
Judge Brien followed him. | have yer
little idea of the numbers present. Th
hall was crowded, so much so as 10 max
it very uncomfortable. Probably thre
hundred persons were present. but / onl
guess at it. am not sure that | remem
Der any excitement in the crowd durin
the time Mr.. Trimble was speaking. l d.
not remember that there was any applaus
while Judge Brien was delivering hi
speech. | was not present when the de
decision was given by Judge Frazier.
/ remember right, | was not present in tn
capitol when the Sergeant-at-arms and th
members were rescued. My impressions {
that transaction are that it did not occu
during the usual hours of the sitting of Oh
| BODY. | did not see the Sheriff when h
demanded admittance. | remember tn
Sergeant-at-arms bringing the member
and reporting them to the House.
Cross examined by Mr.. Ewing: | al
acquainted with Judge Frazier. think
was about the fall of 1868 that | made h
acquaintance. 1t was as a citizen of OF
county that ] knew him. He was the
living, | understood, few miles from Mu
freesboro, in the country. Ny impressio
is that he was a refugee. l regarded bil
/ as a Union man. | knew nothing of h
appointment as Judge, except that hear
] the fact stated think he has borne
very reputable and good character, both
n Judge and citizen. | have heard l
complaints Of Judge FrSier. | saw l
manifestations Of excitement on his pa
when presiding during the trial Of Il
A., habo1s corpus in the courthouse. judi
Frazier, / think. called the crowd to ord,
when At one particular time they showed
disposition 10 make demonstrations Of fee
ing. aud reminded them that whatev
their feelings, they were bound 10 respe
the dignity Of the court do not reta
any distinct impressions Of any remar
that we're made by Judge Frazier in q
I opening of the case. Have an impressi,
that Judge Brien stated in his speech tn
the question was one Of law, not of politi,
Nv impression is that Mr.. Brien's was
, strong political speech. | must state tn
J / went not 10 hear the arguments partic
4 larly, but as a matter ofcuriosity. | went