Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-09-23
SUPREME COURT OPINION.
NASHVILLE, TENNESSEE, DECEMBER TERN, 1867.
THOMAS H. GOODWILL, ATTORNEY GENERAL AND nErol
CHARLES ROACH, ALIAS CHARLES ALLEN. AND
GEORGE EMANUEL &C. THE STATE OF
TENNESSEE.


TENNESSEE.
The plaintiffs in error were indicted In the Circpit
Court Of Williamson county for grand larceny and for
Teoeivng stolen property, knowing the same to have
been stolen The Indictment contained two couptsone
for the taking stealing and carrying away two bales
Of cotton, the property of Thomas B. Bond, and a
count for receiving the said cotton, knowing 10 be
stolen.
At the March term 1867 the plaintiffs in error we're
arraigned and charged upon the indictment and en-
tered plea Of not guilty,
The jury returned verdict Of guilty against both de-
PENDANTS, and fixed their term Of imprisonment in the
Penitentiary at five years The plaintiffs in error moved
for new trial, which motion was oyeruled 10 which
they excepted and rendered their bill of exceptions
and appealed In to this cou,t. The bill of ex
ceptons shows that the defendants plaintiffs in error
moved Tor severance, which was Overruled, to whish
ruling OF the court they excepted and offered to make
and affidavit, stating in substance a ground fer Sc
Feranee that their deienses, respectively antag
onstic.
The plaintiff, George Emanuel, who is a negro states
that he is advised that unless be elect to 90 10 trial
jointly with his cOdefendant who is white man he
has right to challenge peremptorly twenty-four in
fo ne states further that there rejected By his
co-deendant without his consent and contrary 70 his
wishes, after being passed upon by the State four In
ror mentioned, and others, and without his having ihe
opportunity Of selection rejecting them and in on
position to his wishes, and depriying him Of trial r.
jury selected by him and by the State The af5ds,
VT OF the plaintiff in eror Rotch, in support of the
application for severance, states that his defense and
mat OF Emanuel, was diametrically opposed 10 each
other That he is advised that unless he elected to o.
to trial. plead jointly with his eodefendant (which
ne states he refused to do, until formally arraigne "a
the bar, with his defendant, be was entitled to
tWeuty-tour challenges and 70 select Jurors from scb
a. have been passed to him by the State and he ras
the statement to bis having been derived 81 ~
night to select eight persons, named il the Affidavit nd
others who he was DESTROYS should try The csss -
were peremptorily challenged by Emanuel That he
been forced to be tried by jury selected by his 20
isnoanL The defendants asked that the afdavits Co.
severance should be received having bean 6Ie5 -
lore the jury sworn, which was refused Nv ~.
court The testimony in the case i in substan.. ~
ioiONs; The cotton was taken Ia Williamson r,unt,,
ron the prosecutor Bond, the night Of the 2sth az
November, 1865. Bond saw tracks Of a wagon saw M
tracks Of men horses 1t raued hard On fbe nigbt
the cotton was taken He followed the tracts going
South, through Spring Hill about half mile be
J9ha spring Hill the wagon turned OF into a field
theneo about half milo into dense thicket where
It seemed to and at the place Fhe-e IL
not stated how long rode behind two horse wagon
OF Geo. Emanuel and observed that track was the
same as that he saw Al the gin and where Il turned out
in the Geld.
About month afterwards his attention WA called Ia
wagon passing his (prosecai0r's house. going North
wiz bale Of cotton. lie stopped it, jesse Petway
negro, o. Htltous and defendant Raach's wife were in
me wagon Upon examination no believed the bale 10
be one Of the taken from hts press
on bale wa Wiecr end than the ofher-= peca-
iarity Of the bates pFesed At be Tsand having the
'Bspgh" baling on H.
Fsom information given bv the uarties In th ,-.oon
he seat % defendant Roachs houss IN Many county
neoat thlrcen milea Distant aud found pounds Of cot
.gn ~ bed ticks, part Of u damaged a. n from seifins
Tue 'als In tho wagon vas muddy and appeared have