Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-07

pSstpou enaenf Of the Preliminary Ex-
aInfnatiOn-Tmteres Scenes in the
Magistrates COurf-Pen Pictures OF
the Prisoners.
The preliminary examination in the
case. of Martin and Harris, the mnrderers
Of Hardy Brinkley, was to have been held
at Ashland City on Friday The only
progress made, however, was the selection
of three MISUNDERSTANDING, Allen
and Hudson-before whom the case is to
be tried. As soon as the court was or
ganized the attorneys for the defense, Z.
and r. Cary, moved for a continuance
upon the ground that they had issued sub
ponas for twenty-three witnesses, all of
whom had not been summoned.
The counsel for the prosecution, VIM. G.
Brien, desired to know the names of the
witnesses, and what would be proven by
them, because he thought that he could
admit all they could prove and then con
yict the prisoners of murder in the first
degree.
The attorneys for the defendants did not
give the names of the witnesses, and de-
clined TO state what they expected toprove,
and expressed the hope that Mr.. Brien
would not be so blood-thirsty; that all
they wanted was fair play, without preju-
dice
Mr. Brien replied, with some warmth,
that such personal illusions should not
again be used that they must be
stopped right then and there that
he should make no appeal to preju-
dice nor indulge in personalities.
D. 81
desired such, he wished then to be mott
fed of the fact, and he would see what ad-
vantage could be obtained that he was
determined the law suit should be tried
according to law and the testimony, and
that he would diebefore il should be other
wise.
The Court called the Sheriff and asked
him if he had summoned all the witnesses
for defendant He replied that he had not,
for want Of time. The Court then replied
that they were willing to allow the Sheriff
time to serve the suppenas.
The counsel for the prosecution then
stated that it would be best to allow the
defendants until Monday instead of Satur-
day, as they had asked, TO produce their
witnesses. 1t was so decided. There was
some difficulty in the selection of the
members of the Court. 1t seems that
the return of the warrant was made be-
fore Justice Hudson, though there was no
such return upon the papers, and when the
Deputy Sheriff did make his return, it was
before Justice Stringfellow Justice Hud-
son had understood also, from the Sheriff,
that it was returned before him The
Sheriff, however, explained that he had
made no return at all.
The Attorney fer the defendants objected
TO Justice Stringfellow.
The counsel for the prosecution insisted
that their objection was not legal.
Justice Stringfellow stated that he knew
Of no objection the defendants could have
to him, but he was not willing to try any
cause where any objection was offered,
whatever it might be.
The counsel for the prosecution replied
that the warrant had been returned before
him, and such being the case, it was duty
he owed to the country to try the cause I'M
less some legal obstacle should be present
ed to the performance Of that duty.
Theattorneys for the defendants answered
that they. withdrew all objection to Justice
Stringiellow, who then associated with him
in the trial Of the cause Justices Allen and
Hudson.
The court room was crowded with citi
zens and the deepest and most intense in
terest in the proceedings seemed to per-
wade the entire community. There was,
however, the utmost quiet and no noise or
disturbance Of any kind in the crowd. Some
soldiers came in the court room at one
time, but were ordered out by their Lieu
tenant The prisoners were brought from
the Jail to the courthouse between two
and three o'clock, by the Sheriff and
Deputy and posse, armed with double-
barrel shot guns. When Harris entered
the court room, he walked up to the three
Magistrates and shook hands with them.
Martin spoke to them, but did not shake
hands with them.
Harris is a tall, slender, delicate
looking man with a rowdy air, of
quick and loud speech, and nervous man
ner. He is Just the kind Of looking man
which his past desperate and reckless life
would have suggested.
Martin is large and stout, with very
red face, and shows signs of hard drinking,
aud of dissipation.
The prisoners were remanded to Jail until
Monday next at 10 o'clock, at which time
the preliminary examination will begin.
Both cavalry and infantry are quartered
in Ashland. The tents are pitched in the