Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-22
THIRTEENTu DAY.

THIRTEENTH DAY.
Close Of the Testimony for the Prose.
euiiOn-TestimOnyf for the Defense.
TUESDAY, May q, l867.-The court met
at nine o'clock, nineteen members being
present.
TESTIMONY OF L. F. MULLoY.
Ed. +. Mnlloy was sworn and examined
by Mr. Trimble: live in Nashville. |
was here in July, 1866, during the extra
session Of the Legislature. | had occasion
10 90 into Judge Gaufs Office. Judge
Brien, Mr.. Heiskell, the former Speaker Of
the House of Representatives, Howell
Webb, and some others were there. / had
business with Judge Brien, however. /
think Judge Frazier was there. That Of
fee is on Cedar street, beyond the foot OF
the Capitol, just below Mrs. Porter's.
think il was about one o'clock when went
in there. 1t was during the extra session.
| think il was about the time that the pro-
ceedings were going on here about the con-
stitutional amendment. think the haJeds
corpus was going on. There was a good
deal of excitement going on. The first
door of the Office was open; the door ofthe
back Office, | think, was closed. think
Judge Brien was engaged in writing.
Webb and Judge Cant were talking. /
doht remember any words that we're ut
tered. After | went in | do not know that
they left off talking. | do not know
what they were engaged at. 1t was after
Mr.. Heiskell had resigned the speakership.
i think il was about the time of the great.
est Of the excitement. / do not know
whether the trial had been held at the
courthouse. That is all | know in refer
ence TO the matter do not know Of any
other cauCuses.
Cross examined by Judge Gaut | went
10 your Office to see Judge Brien. Judge
Brien was there writing. Mr.. Webb was
sitting at another table. | do not pretend
10 tell this court what you were doing. The
back reom was where you had your books
and your desk, and was where you gener-
ally stayed. ! do not know that Judge
Frazier slept IN room in your Office be-
fore his family had removed to Davidson
county, and during the time the Criminal
Court was in session. Mr.. Webb had an
Office adjoining yours. was not aware
that an important trial about a cotton case
was pending at that time 1t is customary
for lawyers to go to each others offices to
consult each others books, etc. You have
often been in my Office and in yours for
that purpose.
Mr.. Trimble: / understand that the
witness we have next 10 examine, Mr.. VIM.
Shane, is engaged in a case now before the
court, and it is probably very announcement
for him to be in attendance Just now. |
would suggest to the counsel on the other
side that it will make no difference TO them
if his testimony be delayed until he shall
be able TO be here, and in the meantime
they can proceed with the examination of
witnesses for the defense.
Mr. Ewing objected to begin the exam
ination of witnesses for the defense until the
evidence for the prosecution was closed
whereupon the court decided, at the sug-
gestion of Mr. Maynard, 10 send the Ser
geant alarms to bring in Mr. Shane. Afler
a delay OF about three-quarters of an hour,
Mr. Shane presented himself and was
sworn.
TESTIMONY OF VIM. SHANE.
Examined by Mr.. Maynard and testified
/ reside in the city of Nashville.
was living here in July, 1866. My Office
and residence is No. 80 Cedar street. Ny
Office is near that occupied by Judge Cant
at that time. During that time | saw
Judge Frazier passing in and out of Judge
Gaut's office. cannot say whether it was
during or after the habeds corpus trial.
cannot say that l remember seeing him
above once. l saw members Of the coun-
sci engaged on the part of members of the
Legislature that were arrested go in also.
| do not remember seeing any other men,
bers Of the Legislature. / do not remem-
Der that ever saw them but once. saw
Judge Frazier often go into Judge Gaut's
Office. He was passing frequently about
the city. | suppose he was well acquainted
about the city. do not know who we're
his associates. l could not say whether
saw him with Mr. Colyar. l do not re-
member whether saw him with Neill s.
Brown OF Mr.. Brien. | may have seen
him with all the gentlemen named, but
cannot say positively. My acquaintance
with him was only slight.
Cross examined by Judge Gaut: Judge
Frazier, according TO my impression, re-
moved to the country soon after he came
TO Nashville, but | am not certain. | be-
lieye he stayed at your Office during one
session of his court, and had his meals
here. Whether the bed he had in your
Office remained there, l do not know.
think he did his writing at your Office be
fore his family came. do not remember
seeing him much after he removed to the
country. | cannot say whether the Hon.
John Norman had been appointed speaker
pro TEN. at the time | saw him at your
Office After the trial of the habeus corpus
was over, | do not recollect sitting nj your
door conversing about the probability OF
his being impeached for that decision.
would not undertake to say whether it was
after the decision was rendered in the habeds
corpus case that ! saw the gentlemen in
your Office
Mr.. Maynard said the absence of Judge
Butler who was subpenaed on the 10th,
think, is without our consent and without
a knowledge of the reason.
The testimony for the prosecution was
here closed.
EVIDENCE FOR THE DEFENsE-TEsTMoNy
OF JUDGE GAUT.
The first witness called for the defense
was Judge Jno. G. Gaut, examined 10y Mr..
Ewing;
| reside in Nashville Have been init
| mately acquainted with Judge Frazier
since the spring Of 1889. Judge Frazier
wife and my wife were second cousins
| Judge Frazier made my Office his stopping
| place during the session Of his court, in the
| last part Of the wear 1865, or the beginning
of SEQ. and he remained and slept there
| during that term of his court. Afler his
| family moved down he STAYED at home in
| the country, but he occasionally came there
| to do his writing. The time when Mr..
| Mulloy says he saw Judge Brien, Judge
| Frazier and others in my Office, was en-
| gagged in a heavy cotton suit on account OF
| parties who claimed that large amount OF
cotton hsd been wrongfully and illegally
seized by the government agent, and
the suit was then pending in the Fed
| eral Court, and / recollect Judge Brien
being at my office in consultation
with me ON that case, and am
under the impression that Judge Frazier
came in the same evening, but il was after
the decision of the h0beus corpus case. Judge
! Frazier was never At my office from ths
time the writ was issued out until the time
that he had decided the case. But he was
at the Office the evening that Williams was
! discharged, because the officer had taken
Williams, and he was sent for by somebody
and wrote out has decision, discharginl
| Williams, in the Office. He told me tha
he thought Martin and Williams had actee
very wrong and that If there had been am
law for il, lac would have been glad TO hav,
seen them punished. / DO not remembe
| any other occasion in which Speake