Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-24

lif5tAll.
TESTIMONY OF JUDGE NJ NJ. BRIEN.
Judge NJ. NJ. Bren being sworn, was ex-
amined by Mr.. Gaut.
! know Judge Frazier very well. ] have
known him personally some ten or fifteen
years, and have known him by reputation
a much longer period. | solicited the
Governor 10 commission him as Judge Of
the Criminal Court, and urged him to ac-
cept the appointment, for he was reluctant
to do 50. / had been Judge of that court
myself | was first commissioned by Gov
ernor johnson in 1863. My last commits.
sion was issued in the present wear,
1867. | held a previous commission Of
the date Of 1866. l think / know what il
takes 10 constitute general character. |
know Judge Frazier's general character as
a mar, a citizen and Judge. His char
acter is pure aud unsupported. | do not
think any man in Tennessee has better
character He may err, for every man
does that, but his errors will be those of
Judgment, not of intention. was not here
during the habeds corpus case. | was from
home at the time. | remember having a
iOcular conversation with the Judge after
it had been decided, but it might not be
proper TO relate a conversation of that char
acter. / NAV have been at Franklin in
July, 1866, holding court.
Cross examined by Mr.. Trimble: ! was
here during a part of July. 1866. | am
acquainted with the character and tone Of
public sentiment that prevailed in Nash
Vile at that time. The tone was urfriend
ly to the Legislature. There was more
than ordinary manifestation of feeling.
There may have been some apprehension
Of difficulty through popular violence. The
Legislature was denounced as a bogus lie
gislature Gentlemen who stood pretty
fair in the community were violent in their
feelings ! do not know how long it was
after this that the massacre occurred at
New Orleans | think despite all popu
lar sentiment and public excite,
ment, Judge ought to go forward
and decide questions brought before him
according TO the convictions of his own
conscience. do not know but what it may
require high moral courage in a Judge to
give a decision adverse to the current of
public feeling and sentiment | have seen
questions brought before a Judge when it
would require some nerve for him to do
his duty. regard Judge Frazier as a
moral, upright, intelligent gentleman. a
good lawyer and an honest man thought
he discharged his duties rs a Judge
creditably. / do not consider that
the high qualities l have ascrbed
10 him would be an aggravation
Of his ofense supposing him to
have given 4 false judgment, but rather
a mitigation Of it, unless il could be shown
that he acted wllfully and cOrruptly. |
regard Judge Frazier as a man of great
frmness under pressure of danger. | have
found him very firm in cases of difficulty
| think he is q prudent cautious man. /
cannot say whether men ofthat stampwhen
they do ere commit more fragrant errors
than other men. Ny opinion is that under
any circumstances whatever Judge Frazier
would have issued writ of bd5eaS corpus if
he had thought it right to do so, and that if
he had thought it wrong he could not have
been induced 10 do so under any circum-
stances. 1t was, in my opinion, a plain.
palpable violation of the rights of the
House Of Representatives for him to have
issued that writ. | do not remember the
precise time when | returned from Frank
lin. ] think there was an effort to obstruct
the business of the House, by preventing
the assembling Of a quorum. | do not
know what may have been in any paper
sent to parties here from the President at
Washington. The Rebels were all opposed
to the adoption of the amendment to the
constitution. / never thought there was
great deal of difference between Rebel
and a Conservative. | did not see
anything harsh or vindictive on the part
Of the Radical majority of the House.
10 not know of their having ordered the
arrest of Judge Frazier for a violation of
the privileges Of their House | have al
ready stated several opinions that would
not be competent as evidence in court of
Justice. Judge Frazier is a man Of clear,
discriminating intellect. | do not know
whether il was meditated TO overturn the
existing State government | do not know
what quoted the agitation of the public
mind. l do not know whether the cleo
tions in the fall had anything to do with it,
nor do ] know whether il be entirely
Quoted yet.
Re-examinedby Mr. East: Idonotknow
betterman to whom question demanding the
exercise of a calm, dispassionate Judgment
could have been submitted than Judge Fra
zier While one mans opinion NAV be
clear to himself, revising court might hold
a different opinion. A case occurred at
Murfreesboro, in which Judge Frazier
charged, as thought, wrong. was, how
ever, afterwards convinced that he was
! right and | wrong. At the time neither of
rs thought himself wrong
TESTIMONY OF FRANCIS b. FoGG.
Francis B. Fogg was next examined by
| Mr.. East.
live at Nashville | have known Judge
| Frazier ever since he came here. i regard
| him as 4 man of honest purpose, amiable
| and kind in has manner, and a man of eX-
Cellent sense. His moral character is OF
| the highest grade. | have had very frequent
| conversations with him. He and were on
the same side in politics. He was a very
strong Union man. My opinion Of him a.
Judge is founded on the testimony of 9th
ers. lie understood the law we'll, and
am sure would administer it with great ius
ticc and impariiahty.
TESTIMONY OF CAPT ALLEN.
Capt Silas r. Allen was next called and
| examined by Mr. East.
am LAWYER have resided here as 4
citizen since 1854. was here one year be
fore n an officer in the United States army
! have never seen much of Judge Frazier
except in his coarL / should say that ht
bears as high character as any man could
| Nv opinion OF him is that he has been
conscientious, impartial Judge Of strict in
tegrity. He is patient and trm man in en-
| curing into the truth oiacase. Hehas Away
heen pains-taking man as a Judge, 10 de
eide case according TO law. He IL q
more than ordinarily conscientious man.
feel sure that it Judge Frazier was satisfied
that any course of conduct was right, b,
would 80 as far in that direction az any
! man.
TESTIMONY OF r. p WILSON.
f. }. Wilson was called and examine,
hy Mr.. Fast.
am a merchant. / live in Nashville
/ came irorn Bledsoe county, East Tennes
see. / lived next neighbor To Judge Frazier
| cor hiteeu OF sixteen wears. have know
han since lsl9. lie was generally locke,
. upon az one Of the most honest. cor
rect, upright men in the community
was acquainted with Judge FrazieI
during the breaking ont Of the war
lie took a firm stand for the government
and wa always q hrm Union man. Durinl
February, lSGl, he was a leading man OF
that subject, and a -allying man. He Ia,
10 leave home.through fear Of guerrillas
They bad come down into the valley an,