Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-12

PRELIMINARY PROCEEDINGS IN TIKI
JUDaE FRAzIER IMPEACHMENT FmAIr-
THE SENATE RESOLVED INTO A CoUR1
-THE TRIAL POsTPoxED UNTIL THE Cru
OF MAY. NEXT.-On yesterday at noon
Immediately after the Speaker Of the
Senate had announced the adjournment Of
that body sine de- the Senate resolved
Itself into a court, in accordance with the
resolutions Of impeachment adopted in the
House, for the trial Of Judge Thomas n.
Frazier, Of the Davidson County Criminal
| Court, for his action in connection with the
| Legislative habsds corpus case. Judge
! Frazier was present in person, Z. II. East
[ Esq. acting a. his c8nusel. Messrs. DugPan,
Fuson, and Smith, Of Hardeman, the
managers on the part e the HohAe, ap-
pointed TO conduct the prosecution we're
also on hand About dozen members oil
the House and few outside stragglers
we're lookers-on at the preliminary pro
! ceedings
At the request of Speaker sFrierson,
Judge Shackelford, one of the judges OF
the Supreme Court, was sent for, and that
dignitary after making his appearance,
swore in each Senator az a member Of the
cou IT The following is the
OATH OF SENATORS
We DO solemnly swear upon the holy
eYangelists of Almighty God, as Senators
Of the State Of Tennessee, authorized under
the constitution of the State to try
cases Of impeachment that we will we'll
ard truly try this matter Of Impeachment
preferred on the 10th day of February,
1867, by the House of Representatives in
behalf Of the people Of the State of Ten.
nessee against Thos. n. Frazier, Judge Of
the Criminal Court Of Davidson county,
State Of Tennessee; that we will imparti-
ally try the matterof impeachment therein
preferred and true judgment render be-
tween the people of the State Of Tennessee
and the said Thomas n. Frazier, so help
ns God
Pending further action, the Senate took
a recess until p o'clock.
EVENING SESSION.
On the re-assembling Of the court, Mr..
Bosom offered the following resolution /:
Resolved by the Senators comprising this
court, That the Hon. J. b. Frierson pre-
side as its President on the trial of i'm
parchment of Judge Thos. n. Frazier.
The resolution was adopted unanimously.
Mr.. East proposed the following motion /:
That the President of the c0urt and Clerk
be authorized and enjoined to sign and
issue all process for subpoena for witnesses
during the adjournment of this court, upon
the application Of either the managers or
the defendant.
Also this: That the Sergeant-at-A Arms on
the application of either the managers or
defendant be required to execute ami re-
turn process Of subpoena, whenever called
upon so to do; and that he be enjoined to
appoint deputies in all cases in which he
cannot execute the process in person. Both
motions were carried in the affirmative.
Mr. Smith, Of Hardeman, offered the
following resolution: That only the
managers on the part of The State, and the
attorneys for the defendant, reporters of the
press, and Witnesses, when upon examina-
| ton, shall be allowed the floor of the SEN
ate during the trial, ladies excepted, and
other guests as may be invited by the
| President. After some little discussion,
| the resolution IVES adopted.
On motion of Mr.. Senter, the Sergeant
| alarms was instructed to inform the de-
| iendant and his counsel that the court was
| now ready TO proceed with the trial.
Mr.. East responded that the defendant
was present in person, and his counsel was
also on hand
Mr. East at the same time requested
that a certiged copy Of the charges of i'm
| peachment be served on Judge Frazier. as
he Rod rnf v-of -,oasr-.I ,,,.L
Mr. East offered the following
The defendant, Thos. n. Frazier in per-
son appear and moves the court to allow
him such time as will be convenient to the
Senate, to plead, answer or demur TO the
articles Of impeachment against him, pre-
sented by the managers of the Honorable
House Of Representatives, and that he be
allowed 10 file his pleas, answers or demurs
with the Clerk of this court in the mean
time, and in such time as that the same
may be printed, so as not to delay hear
ing when the court should re-assemble
Carried.
Mr.. Smith, of Hardeman, suggested that,
in view of the fact that one of the mem
bers of the court might be deemed Objec-
| tionable on account Of his relation to the
defendant, Judge Frazier, he would sug-
gest if il would not be advisable that the
Senator should withdraw from being one OF
the court. Senator Frazier is a brother TO
the Judge.)
Mr. Senter said that Senator Frazier had
expressed Willingness before being sworn
in, not to take any part whatever in the
trial But he (Senter) advised Mr. Frazier
TO be sworn in, as his relationship with the
defendant Would NOT he fhougbf at all aC-
feet his standing as a member of the court.
Mr.. East remarked that the fact Of the
Senator being brother Of the defendant,
did not at all disqualiiy him from Partici-
pating in the trial rs a member Of the Sen
ate.
Mr. Smith, of Hardeman, here withdrew
| his objections.
Mr. Nelson said that in order to give the
| defendant, Judge Thos. n. Frazier, further
time, he would move that theconrt adjourn
antil the 9th day Of May, 1867. Adopted
unanimously, and the court then adjourned