Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-18


Interesting Point Raised.
FRIDAY, May Il, 1867.-The court met
at nine o'clock, nineteen members being
present.
TESTIMONY OF MICHAEL J. HOUSTON.
The testimony Of Michael ]. Houston
was resumed, as follows:
When / came up about half past seven
the watchman told me Mr.. Martin was
taken out. l was told to keep the doors
closed until the morning. Me and a man
named Crawford, were placed to watch the
building At about three o'clock in the
morning a colored man told me there was
a posse Of men trying TO get into the Capi-
tol. | went outside and asked them what
they wanted. They said they wanted the
body Of Capt. Heydt and Mr.. Martin. told
them that they could not come in till six in
the morning. They seemed excited.
Shaw said to me, | am the man
that was here in the morning. ! told
him lac could not come in except by forcing
himself in. One Of the men called out shoot
the damned Yankee son of a bitch. |
turned round TO Crawford and said, you
Crawford watch the door while l go up
stairs 10 wake up Bramble. / woke up
Bramble. As | came down ] saw them
breaking in through the United States
Court room. | went into the Adiutant
Generals Office. | went in to get my hat
The party arrested Capt. Heydt. Capt
Heydt said be wanted that man as a wit
ness and TO see that his effects were not dis
turbed, and then they let in Crawford
They wanted me to open the door. told
them | would not, if that was done it must
be by force. During the confusion we had
to talk to them through the glass door,
when / told them they could not get in till
6 o'clock in the morning. The Sheriff
said he must have the body of Mr..
Martin. Crawford, | understand, is
now on farm near Fort Riley.
! was not at the trial of Capt Heydt
That morning Capt. Heydt gave instruc-
tions 10 me and Crawford TO 90 TO Mr.
Trimble's house. We got there quite
early. Mr.. Trimble was not up. The
servants walked up Mr.. Trimble, and we
told him all about what had been done
| was not at the trial of the haJe0s corpus
In my search for Brittle and Jones the cit
izens showed more disposition TO embsr-
rass me than TO help me in my search. In
one house where | thought Brittle was
they told me he was not there. / left a
man named Fitzgibbons TO watch that
house. The next day / was told that Brit
tie had been seen about that house. / did
not, while acting under Capt. Heydrs or
ders, leave Nashville | was here all the
time. There was a good deal Of excite.
ment among the people One crowd ! re-
member particularly. They were talking
about the 9Th Cavalry and the lGth United
States Infantry. They said there was
enough men in Nashville to clear them
out. There were seven or eight people in
that crowd. They talked about as loud as
| do now. The crowd seemed all agreed
that they were all chips of the same block.
The men who arrested Capt Hevdt were
not known 10 me, except Shaw and
Garrett. / do not know whether any of
them had been Rebel soldiers | know of
no other fact that / can state that is of any
consequence.
TESTIMONY OF J. NJ. DUNNAwAY.
j. NJ. Dunnaway was next examined for
the prosecution by Mr.. Trimble:
reside in Bedford county. am brother
10 the member from Bedford. | was not
in Nashville in July, 1866. | do not know
anything about the immediate facts of
Judge Frazier's case. | had no conversa-
ton with Governor Campbell about this
case. / know nothing about the means
that were taken to prevent a quorum,
only from heaTsay, and | never heard any
person directly speak about it. have nv
own notions why my brother acted as he did,
at the extra sessions. He came here
and stayed two or three days. NV under
standing was that he resigned to break up
the Legislature. That is, it was done to
reduce the House below a quorum. l
think il was that they wanted TO keep the
House from passing the amendment. |
am getting rusty about this thing; it was
great while ago and have forgotten nearly
all about it. / don't know under whose
advice my brother was acting. | heard
him say Gov. Campbell was at caucus,
and advised them to break mp the meeting.
| do not remember who my brother said
were at the caucus besides Gov. Campbell
had that conversation with my brother
directly after he had resigned | heard
him say that he received letter from Mr.
Cooper, and that Mr. Cooper eulogized him
for his conduct, and that the President APP
proved his course. Mr.. Cooper was, | be-
leve, private Secretary TO the President.
Mr.. Trimble Did your brother tell you
that these were the sentiments Of the Pres
ident of the United States
Ans. ! think my brother represented
that this was the sentiment Of the Presi-
dent
Mr.. Ewing: May it please the court Mr..
Dunnaway heard his brother say that Mr..
Cooper told him that the President said
now il this is evidence | shall want 10 be.
gin my primmer again. We object TO a
statement of the witness about what his
brother said. ] suppose Mr.. Cooper is com
petent to testify for himself as TO what he
said. / submit that 10 the court.
Mr.. May said; | will simply observe
that this is part of the res j'lsfa. We are
attempting to show that there was a facti-
tious attempt to break up the Legislature
and set aside the State Government. We
want TO show what this member, recussant
recalcitrant, would have said.
Mr.. Ewing; Ii is not what Mr.. Dunna-
way said. He is charged with a conspiracy
to prevent a quorum and to break up the
| legislature Our objection is not 10 what
| Mr.. Dunnaway said but as TO what
Mr.. Dunnaway said that Mr. Cooper said
MI haNhaTus W nat we WISH 10 olbN
/ is how a member OF the Legislature was
acting, aud that he was giving these rea-
sons for IL.
Mr.. Ewing: lt is not attempted to be
! shown, nor can IL be shown, that there ex'
lists any connection between the fact alleged
and Judge Frazier The inference from
the evidence is that the President and Mr.
Cooper were purtjcipes crimints with Mr.
| Dunnaway.
The objection was submitted to the court
and il was decided that the question should
be answered, ayes - noes :.
Mr. Maynard The question is, did
your brother tell YOU that Mr.. Cooper ex
pressed these as the sentiments Of the Presi'
dent Of the United States
Witness Yes.
The direct examination was then re-
sumed
don't remember anything further that
will avail anything.
Cross examined by Judge Gaut Ny
brother said his motive in resigning was
10 reduce the House below a quorum and
! / have heard him say he could do nC
good for his party by staying here. can
not exactly state whether my brother told
me that Governor Campbell told him h,
/ ,,,e,bt not 10 resign | think he told mi