Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-03

| DEPOSITION OF ROBERT $. SPRAGGIH5.
@. Are you acquainted with the general
character Of Gen Hickman, and If so, is it
good or bad for morality, honesty and We
racity. A. His character for all the above,
is bad. Witness states, that from 1856 to
the summer of 1861, executions were re-
turned TO him as clerk of the court, "No
property fonnd )" Since which time, all
executions, except three, have been satisfied
on the execution docket.
DEPOSITION OF R. W. ooLTART, MAYOR OF
HUNTSVILLE.
That he has long been a citizen of
| Huntsville, and was Mayor Of the city
in 1861, 1862 and 1868; that he was
| well acquainted with both plaintiff
and defendant that in 1861 after the war
commenced, the plaintiff was a candidate
| for Major General of the militia and was
| defeated that in the same year the plaintiff
raised company for the Confederate SER
| vice. and was defeated both for Captain and
| Lieutenant in the fall of 1861, he assisted
4 D. Z. Humphreys in raising brigade or
| double regiment as it was called, and was |
very active in doing so, expending both |
money and time that said Hiekman's de- |
| clarations of loyalty to the South during |
| this time were open and nnreserved, and |
the course he pursued was consistent with |
| his declarations that he was first arrested |
l in December 1882, and after his discharge |
from said arrest, and between that time |
| and his second arrest, he entertained Con- |
federate soldiers free of charge, and many |
i of them portion of Morgan's command. |
| The command of Morgan, on leaving |
| Huntsville, published card, stating these |
| facts and lauding the liberality and patriot |
ism of said Hickman. The card ELECTED |
| from Y. w. Clay, the editor of the Hunts
1 vile Confederate an editorial, in which he /
charged that the card was in effect white /
| washing treason. Thompson said Hiek- |
man published circular in reply to said |
| Clay, in which he recapitulated his series |
| in the cause ofthe Confederacy, and claimed |
| that he was a much better Southern man |
than Clay, and proposed that if Clay would |
enter the military service, he (Hickman) |
would do the same, old az he was.
Witness further states that ISOLATE as May, |
1868, Hickman was jealous in the cause of |
the Confederacy, and at that time subscribed |
twenty-five dollars to assist in buying a |
horse for Gen. Forrest, as a testimony of /
the respect felt for him by the people of /
North Alabama, for his repuise of Gen.
Straight; that Hickman was a jealous /
advocate of the South as late az October,
1863; Hickman told witness that he anti
cipated being the Quartermaster of ths
brigade he was raising.
@. Are you acquainted with the general |
character of plaintiff in this community, |
and is it good or bad? 10 this question |
plaintiffs counsel objected.)
A. 1t is bad both as to honesty and |
morality, and his social position is low; |
and in this connection witness states that |
said Hickman told him that he had acted |
as executioner of criminals and on one oc-
casion, when witness was deputy sheriff Of |
his county, and had a negro execute, said |
Hickman applied to him 70 let him per-
| form that duty; and on another occasion |
| Hickman informed witness that he had |
ohiciated ae executioner in Jackson county |
and exhibited a piece of rope which he
said he used on the occasion.
CHARGE OF JUDGE NJ. M. BRTEN.
Gentlemen Of tie Jury: The court has
been requested by the counsel of the de-
fendant to charge you in writing, especially
as so sseFtaiH points, stated in -Rxitten In i
| structiens presented to the co1rt. To thig
| reqdest the court will most cheerfullS
| conform.
Then, the court, in declaring to you the
law, intends to be clear, plain and explicit,
and confne itself to the facts applicable to
the issue before you. The facts you will
ascertain and apply the law as charged you
| by the court.
1 The court, however, will here remind
| you that there is no necessity for a miss
trial, or hung jury, as commonly called.
l First because, as before stated, you are the
exclusive judges of the evidence. Then,
first, you agree as to the facts. This yon
cannot fail TO do if you try. If you mis-,
| remember the testimony, or cannot agree
as TO what it was, return and have the wit
ness repeat it. In this way you cannot
fail to arrive correctly at the facts of the
1 case.
The same principle and process as to the
| law. The court is a witness TO you az to
1 the law. So if you mis~remember, or can
not agree as to the charge return and ask
it repeated or for further instructions as
| TO the law; not how You would have it, or
| how il ought to be, but what did the court
| say it was. In this way you cannot fail to
| agree as to the law or the testimony.
We will now proceed to state this cause
| submitted for your consideration, as pre-
sented in the several counts in the declara.
| ton and the the plea thereto.
the case, for an alleged trespass, malicious
prosecution and false imprisonment. That
| is, that the defendant arrested the plaintiff,
imprisoned him, or caused it TO be done,
and while thus imprisoned wrongfully con.
verted his goods. All of which yon will
see by reference to the declaration. This
count, you will observe, involves the two
arrests, in December, 1862 and January,
1868.
The second count is trespass. This
count, you will observe, is for an alleged
arrest etc, in December, 1852. The de-
fendant with force and arms arrested the
| plaintiff at Huntsville, Alabama forced
| and compelled him TO go under guard and
arrest from thence to Columbia and to
| Murfreesbrro, upon groundless accusations,
| etc. During all this time caused him to be
| abused, insulted and imprisoned, etc, with
| out reasonable or probable cause etc. and
| forced and compelled the plaintiff to lay
| out and expend large sums of money in
| defrsying the expenses of the trips and inn
| prisonment, fleeing counsel to aid him in
being released, thereby greatly damaged
etc. All as more speedily stated in this
count, which you will see by reference to it.
Third Count--This is in substance the
same as the second count, except it alleges
a second arrest, and false Imprisonment,
from the - day of January, 1853, to May,
1 1853.
1 In neither the second or third count is
anything said about the conversion or
damage to the goods, as set out and claimed
/ in the fTst-count
But there is a fourth count. This is on
ly an action of trover, as il is termed in the
| law, for the same goods, and probably 9TH |
ers, as set out in the first count all claimed |
1 of the value of $4,000.
To the fourth count the defendant has |
| plead not gssiitg."
To this plea there is an issue. So here
| is the issue to each count thus fairly |
stated:
Then the court viii state to you first, |
it devolves upon the plaintiff TO make ont
his cause by proof affirmativeiy.
| Then LIST. AS the allegations Of the ma
licious prosecution, false imprisonment
| ana damage, as claimed in the three first
II 4 u IL