Smyrna times., 1867-05-29

IMPORTANT CASE.-A cause for tr;.I o,o
up and was decided before tho Co... T1l0
Castle on Thursday last, which is importsnt :"
rsS bearings 1t was the case of Turnor -.
ml'nerS-asult brought by a colored bow namod
1AeAaader Turner against DR.. David y Smith
'efs' of enlS town, to recover money alledqed 70
NC uue MIN (Turner) for going as a subst;tuto
Turner was indeqtgred to Jos Romno15,
Esq., living near this town, at the time h.
went as substitute, (Sept, 1861 He was
anxious to go into the army, and run ow.v ,r;tL
. cOnpany Of negro soldiers that passed tbro'
Luis Town Tor that purpose. He pas brouobt
IacA' oelng under age. The boy expressed
ueSire 70 go as substitute for DR. Sm;tboua
Supposlng that he would be perm itted to 40 =,
war Oy that means. He vas accordingly taken
Deiore the Provost Marshal, but failed to nass
al examination Shortly after, however DR.
o. was drafted, and the boy Was again offered
as MS substitute, and accepted having attained
10 his eighteenth year. We learn by tba ~;
1ence that the boy agreed to 90 tor sIo-ar
ne asked On putting him in DR.. 8 eave hin, @
S2O' and MIR, Reynolds was to receive S5oO ltba
amount paid by the State to men nntt;nn ~ ~
substitutes for his unexpired time Mr. p
accordingly drew the $500 from the State Com
misSioners ~'''0 U0nl-
Inc witnesses for the boy testified tbot :.
was rule of the Provost Office ,ho.n,sI ':+'-'
0IOG,u SI :, receive not less than $780, and Thomas
.n y. oulOert testified that DR.. Smthers HANDED
~ witness (Culbert) $500, and he counted i !
1au nanoed 1t to substitute; that the bow turr.
ea around and handed back TO Dr. Sm;tbera
WlIneSs w asked what that mcnt; the how so;d t
l know him very we'll and he will rive i hanL I l.
n! n ~g Wnen return from the army" Rnr =
:, Hlr' reynolds testified that "Culbert w.s nat u
mere a. the time; not one word was said ahont s
.loney' - j. H. jones also testified that h. e
uiu not see Cplbert there when the bov w.y !,
put IN no questions were asked about the No a i
ney the boy should get." '''' 'F'0- a
"A certified copy of the indeptures b;,d;. IA
'n' Ooy was offered in evidence, but the conn =,
S'i iOF the boy raised the question as to the Of Of
au'n0rlty ot a Justice of the Peace and n Tr,. in
.00 ~ tue f0or to bind child. The Court =
uec,oed that the statute did not autborze tbem >, 81
y ~ 10 SO, consequently the boy was cons;dor,I
,ree IN the eyes of the Court and tho inr,, ell,
- Is evident however, that the parties mak;nr as
'he lndeqtures deemed them sutficient nc d;5
'lsO Mr.. Reynolds. ''''' 4S 9id a :
1ne case was argued at length by the opno
ing counsel, when the jury brought in ror u
ict OF $3.50 and costs in favor Of the coloroa M DR.
10Y. - 'ne coiored an
We understand that several other cases will on
e brought up for trial at the next term If thn
Ourt' OWING to the verdict in this case T. i mol
'laenty believed that the boy had no bsnd the
lnstltutlng this suit, but was used as cata
Aw oy other parties for serfsh ends Dr.
mitners, as also Mr.. Reynolds, his fatber';n ann
W, are fully convinced that the bow was nor or aIa %
Guy satisfied With bis coptract, and was per 80 ts
'aded into the trial by others If left 10 hi. of
va incinatlons he would never have dreamed the
entering into suit at law. Eur n