Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-21
TWELFTH DAY.

BEFORE THE SENATE.
TWELFTH DAY.
from Hon. John w. Leftwich.
MONDAY, Nav 20, 1867. - When the
President called the court to order, nine
teen members were present.
Mr.. Trimble proceeded with the examin-
alton of Mr.. James Mullins, whose testi-
mony was not completed at the adjournment
of the court on Thursday last sl.- )
Mr.. Trimble to the witness Go on and
state what you know that took place in the
House from the time Of meeting.
Mr. Mullins: We met on the 4th Of
July, and then adjourned TO meet next
morning at nine or ten o'clock 1t is my
recollection that that day or the day follow
ing, being the 9th, the resignation of Mr..
Dunnaway, Of Bedford county, was handed
in motion was made that Il be not re-
ceived. The Governors message or proc
lamation touching the same thing
came out in the papers next day.
The thing went on this way for day or
two more. As members came in there
seemed TO be an understanding among
them as to whether there would be
a quorum or not As one wSuld
come in another would go out. They were
to be met on the street walking about.
At another time, would come into the
capitol. The doorkeeper would invite them
to come in, which they generally refused
to do This state of things continued till
the 18th, or perhaps later. The House
| created Seargeant-at-arms and sent him
/ Iayrfdoa 10 fafu akuapt l.orc
| The SeaTgeant-at arms pounced upon and
| brought in Mr.. Martin, from Jackson
county and also Mr.. Willams They
were brought TO the bar of the House, but
| objected to take their seats as being under
arrest. There were present then In the
| House, including these two members, Just
| fifty-siK members. The amendment TO
| the constitution was then brought before
] the House. ! asked of the chair that the
Seargeant -at-arm might be ordered to
bring them into the House, but upon fur
| ther reelection did not urge this, consider
! ing that they were as much in the House as
| if they had been within the bar. Martins
name being called, he poked his hand into
the door and said, 81 am not present and
will not answer TO my name.O Williams
| likewise refused TO answer TO his name.
While this was going on, there were some
members of the Senate seen TO be conversing
with these members. | came up to the
capitol; ] saw some five or six men who
seemed intent on getting into the building.
did not know that there was writ OF
haJeas corpus issued. The posse suddenly
sheered round the house to another point,
and seemed TO have increased in number.
did not come, as Isaid, till about 10 O'Clock
and we were refused to be allowed out, be
cause the crowd had increased and it was
feared they would force their way into the
House. The next morning the prisoners
were taken before the court and released
from the custody of the House The Ser.
geant-at-arms was in the building; | iei
him in at least. That night he was taken.
came back next morning and found hin
missing. The news was that they had takeI
him. The hdbedS corpus was carried up K
the court presided over by Judge Frazier
| was present and heard the opening Of the
case on the part Of lhe State. The plead
ings on the part of the State were prosecuted
| by Mr.. Trimble and Mr.. Harrison. Tn
| prisoner was defended by Judge Gaut, Mr.
A. S. Colyar, and Judge John S. Brien.
The witness here began TO state the lin
Of argument pursued by the counsel on be
half Of the writ, when Mr.. Trimble sug
gested that statement of that matter wa
not necessary. The witness then pro
ceeded.
There was a good deal of intensity O
feeling and excitement upon the whole bod,
polite, 80 far as ! could see. Members Q
the Legislature apprehended breaking a
of that body. Numbers of citizens, som
Of them men of distinction, were MAXIM
themselves familiar in the House. The
were some of them gray-headed men the
were in communication with the miDOrit,
party and the refractory members. Their
were twelve or thirteen refractory mem
bers. am satisfied Mr.. Dunnaway wished
to break up the Legislature i converse
with him on the 4th of July; he did not thin
he should be up next day. His reason wa
he objected TO the amendment He said h
should 90 back home Mr.. Williams toll
me he was opposed to the amendment
Mr. Martin said he would be damned if h
would try to make quorum. Mr.. Maria
bic said he was opposed 10 this amendment
and that some of them who had left thei
seats had told him TO do 30, but at presen
he had not done il. The second mornin
after that he was gone. 1t was the 9th,
think, when | spoke TO him, and in tn
morning 1 also spoke to Mr.. Porter, mem
Der from Henry. Mr.. Porter said he ha,
business in the city he wanted TO attend ia
and did not care about coming 10 the House
He said he did not know whether, when
got through his business, he should come {
the House. do not know Of Judge Frazier
sending any message to the House notifyin
them that application had been made {
him to release prisoners held in the custod
| of the House. Mr. Martin was taken frou
the custody Of the Sergeant-at-arms.
believe about FIVE OF six o'clock in tn
morning.
Cross-examined by Judge Gaut B
breaking up the House, / mean preventin
q quorum being present. That was TO |
accomplished by members staying ava,
}, NV fears we're that the House wOul
! be broken mp by a mob, if Gener'
/ Thomas had not been here. thin
, it was about the 18th of July the amend
ment was ratified. Before that was don,
| may have made a motion that Marti
and Williams and Mr. Marable be invite
10 take their seats within the bar Of ii
House l do not know whether il W,
after they refused to take their seats that
a |
sidered them a. much within the House
if they were inside the bar. 1t was n
uncommon for members, when busily el
gagged in the committee rooms, to answer
r their names aud vote without leaving.
was late or the evening of the 18th of Jul
that Williams was taken before the Judg
On the morning, l believe, of the 10th, NJ
A Martin was also taken. Ii was about q
, 18th Of July that the amendment 20 Il
, constitution was ratified. | think that Il
, vote on the occasion was taken in the for
! noon of the day.
Here counsel read extracts as follow
1 from pages twenty-five aud twenty-three
the House journal Of the called session
4 Mr.. Mullins moved that Messrs. WI
Hams and Mullins be invited and require
10 take their seats within the bar OF q
y House.
= "Messrs. Williams and Martin were th,