Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-19


for the Prosecution Continued. q
SATURDAY, MAY IS, 1867.-The court
met at nine o'clock, nineteen members being
present.
Senator Nelson offered the following re-
solution:
Resolved, That the present rules of this
court be so amended as that all questions
demanding the ayes and noes shall be de-
cided by a simple majority vote, except on
the final question as to the guilt or inno-
cence Of the accused. -
The resolution was adopted ayes IA,
noes 5.
TESTIMONY OF NJ. B. HOWELL CONTINUED.
NJ. b. Howell, Bsq, was cross examined
by Mr.. Ewing.
] have been acquainted with Judge Fra
zier from the time that he became Judge of
the Criminal Court in this district. | have
heard his character as a judge spoken Of
He has ever been regarded during thai
time by all who | have heard speak of
him, as a highly conscientious and upright
judge. have never heard his honesty or
integrity impugned. Personally | cannot
speak from my own knowledge of his
character either as a loyal man or other
wise. He was universally reputed loyal
at the time Of his appointment as Judge Of
the Criminal Court l had heard that he
had 10 fee as a refugee from more Sonth-
ern ports to Murfreesboro', in conse-
quence of hisloyalty to the Federal Govern
ment never heard of his saying anything
or giving his opinion in any way as to the
merits Of the dispute between the revolution
lists and the loyal people had some busi-
ness with Judge Frazier, which caused me
TO seek for him on several occasions. |
found that he came into town in the morn
ing and sit on the bench and Immediately
returned to his home. In order to make
sure of an interview, / was compelled TO
see him while he was on the bench, because
/ could not meet with him at any other
time. 1t was in the fall of 1866, that had
occasion to enquire with regard him. /
have never seen Judge Frazier in my Office
He has never spoken TO me on political
subjects.
Re-examined by Mr.. Trimble: | was
connected wi.hthe Chancery Court in July,
1866. My Office hours are from early
morning to late at night. / do
not recollect what Judge Fraziers habits
were in July, 1866. / never had occa-
sion to know of his personal habits
while had business with him. | do not
| know anything of his habits during July
60 | do not know whether Judge Frazier
was friendly TO the Legislature then in
session. His reputation, as / understand
| IL, was that Of Conservative Radical. |
had no conversation with any body on the
question of his feelings toward the Legisla-
ture. | think he lived rather a secluded,
retiring life. That, however, is only my
impression.
| TESTIMONY or CHANCELLOR HARRISON.
Judge Horace II. Harrison was ex-
amined by Mr.. Trimble:
In July, 1866, was not much about the
Capitol. ] was required about that time
10 take part against Judge Frazier in the
habeas corpus case. do not recollect the day
on which the Legislature assembled. |
was spoken 10 the very morning the hdbsdS
corpus was sued out Took steps to ac-
quaint myself with the facts of the case
Immediately. ] examined the writ
and the other papers connected with
it in the proceedings in the Legis-
lature. | was employed in the morn
ing il was sued out but | forget
the exact hour. / regarded it as a case OF
great magnitude. ! was satisfied il would
lead to a conflict between the two branches
of the government. | sent Mr. Casey to
the courthouse, to the end that he might
get the bearing Of it postponed. | am not
advised precisely as 10 what he did do. ]
addressed the court for a continuance OF
the case till next morning. / think the
Judge did not grant that request. pre-
sented myself as counsel of the House of
Representatives think it was afternoon,
about two o'clock. No one but Mr.. Trim
BILE was employed upon the case besides
myself | think Judge Gaut and Mr. Col
var argued the case before the court. |
made the first speech for the House OF
Representatives. was not present when
the case commenced. | made the opening
speech Judge Gaut and Mr.. Colyar fol-
lowed. 1t was rather late when Judge
Gaut concluded, about FIVE or six o'clock.
/ remember that Judge Trimble urged
upon the court the adjournment Of the case.
There was quite a large audience present
there on the first day, and a good deal ol
excitement. ] remember that Judge Brien
urged previous family engagement, re-
quiring him TO leave town that afternoon.
as reason for opposing adjournment.
! remember that Mr.. Trimble urged the
| postpOnement of the case on the ground
that he had just came out of the Senate.
Judge Brien pressed the court to continue
the case. The counsel for the House oi
Representatives had only that night TO ex.
anime the case. There was quite a large
attendance at the courthouse the first day
and a good deal of excitement | saw EC
demonstrations except some cheering of the
speeches Of the counsel for the writ ! dC
not think that we had the requisite timi
for investigating that question that we ough
TO have had. | wrote the return to thi
writ before / met Mr.. Trimble. | do no
recolleCt that l had any assistance excep
from Mr.. Casey. The members of tn
House for assuming the defense against tn,
writ were exceedingly courteous in theil
demeanor TO the court The petition auC
the writ were both read We made th
point before Judge Frazier that the return
was exclusive itself as 10 the matter at issue
No proof was introduced. The argumen
took on the following day some three hour
TO make Mr.. Trimbes and Judge Brien'
, speech. There were occasional bursts O
applause. These were the result Of tn
feeling Of the crowd A large majority wer
in favor Of the party that had sued out th,
writ There was marked attention but n,
, applause manifested towards who acted OF
behalf of the Legislature. The Judge ad
iourned the matter, and do not recollec
the day the question was discussed, but j
was a day or two after when he decided tn
matter. / was not present when he de
livered his opinion. l cannot say know
ANYTHING else material 10 the case. l know
| regarded ii as case of very higl
moment. / was not satisfied as counsel o
t the House Of Representatives, that ther
. was time enough given TO examine ques
b tions Of law bearing on this particular case
The counsel Of the House of Representa-
g tives distinctly placed before the mind O
Judge Frazier the fact that these tw'
departments Of the government were co
ordinate and that To susiain the petition
for the writ must inevitable lead 90
collision between the two branches. tn,
danger Of collision was clearly put. Hi
taking up the thing SO readily rs he du
was my principle ground of objection 4
> his course. Judge Frazier must undouhl
!. edly have felt the influence exerted by th
~ crowd, for felt il myself, but 80 far as hi
manner on the bench was concerned,
thought il unexceptionable. | do not re
member the case Of Judge Marshslls pr,
siding At Richmond Was presented 10 IN,
/ think under the influence Of the leadin
editorials Of the papers Of Nashville th
-