Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-06
Union u aud 4ispatfh.
Largest CirenIaliOn IN CIty and state.
BRIsTLING BAYONETS IN COURF
THE military Called ON for Protection
hv Irrdee Hurfer-Fesfer,,I Soldfer

In the BtLlletin OF yesterday IL was an
nOunced that at ten o'clock in the morning
Judge Hunter would give his decision in
the Avalanche case. A large crowd assem-
bled to witness the proceedings and listen
to the decision and sentence Of the court.
Before the proceedings commenced, how
ever, thirty men, rank and file, belonging
TO the oath regiment of United States in
fantry, marched TO the courtroom, under
command of Lieut. c. 3. Hinton, and took
possession. awaiting the orders of Judge
Hunter. 1t appears that on Saturday
evening Judge Hunter went down to The
navy yard and waited on the commandant
of the post, Major E. A. Davies, and re-
quested him to send guard to the Crimi-
nal Court room on Monday, as he appre-
hended personal violence and feared assas-
sination, from remarks made on the streets
or in the public prints. Major Davies,
who only arrived in Memphis from West
Point about three weeks ago, and eonse-
quently a stranger in the city, and knowing
nothing about the case, asked Judge
Hunter to make his application formally
in writing. On the request being thus
made, Major Davies detained thirty men for
duty, and, as before stated, they marched
TO the court room with fixed bayonets, un-
der command of Lieut.. Hinton. Judge
Hunter gave the Lieutenat the ne
cessary orders, and guards were
quickly placed at ell the doors
Of the court room, back and front.
A sentinel was stationed at the right side
of the bench, while men with muskets and
bayonets were scattered among the crowd
in all directions. The gallant young
Lieutenant, who did moi seem TO have any
great relish for the duty he was called upon
to perform, took his station at the window
near the bench, and cody watched the pro-
ceedings.
The sentineIs had received strict orders
TO admit no one into court, or after they
were once inside, to allow no one to leave.
A large crowd had assembled both outside
and inside the court room, and il was with
the very greatest difficulty that attorneys,
counsellors, Commissioners of Police, re
psrters, or any of the Influential citizens
could gain access to the court. The SOL
diers were inclined to be obliging, but as
one remarked when gentleman strongly
urged his claim TO get inside, that he had
got hi already for letting people in"
The strict order, however, was, after ex-
postulation, somewhat relaxed by his
Honor and standing room in court was
soon at a premium.
The contempt case, in which Messrs NJ.
c. Gallaway and w. II. Rhea, of the AVd-
Iaache, are the defendants, was then taken
up, and Judge Hunter proceeded to read a
most voluminous decision on the subject,
which covered forty-nine pages, II mo-, of
printed matter. The reading of the de-
cision occupied from 1885 A. NJ. till 1:50
p. NJ, and was still unfinished. While he
was citing the opinion Of one Of the great
law Lords Of England,
Col. ID, Il. McRae rose to qnestion OF
priYiIepe. FIp said that hc-obse1vsd that
his Honor WIS quoting the opinion ofan
eminent iuTist, and therefore he felt safe
that when such principles were quoted that
he would be allowed the privilege of free
speech. aud although not an attorney in
the case before the court that he would be
allowed 10 ask question. Before doing
30, however, he wished TO say that he was
one Of the practicing attorneys of the
court. and therefore an officer of the court.
He had attempted TO gain access TO the
court and found an armed man at the door,
and he would ask what extraordinary cir
oumslances had caused such aid to be in
voked. Both the doors, in front and rear,
leading to the court, he had found guarded
by soldiers with muskeis and bayonets, and
in order to get in he had been compelled
TO enter in through the window. 1t was
certainly a most unusual way for an attor
ney TO enter court, and he would again
ask why he had beer refused ingress 10 the
court by armed men. Ii was certainly one
/ of the most startling exhibitions ever wit
| messed by a free citizen, in one of the
| free States Of the Union-to see court o
Justice guarded by body of United States
| soldiers. Why was il that il was consid
cred necessary 10 call out the military fol
| the protection of the court The Sherit
was the chief custodian of the peace in th'
county, and he had the power, if he though
necessary, 10 call out every citizen to form
apOsse cOntitatas TO preserve the peace. HI
| could call on every citizen to assist, ans
vet this very officer, himself, was dispos
sessed by the military. He would asl
again, why was il considered necessary (
call out the soldiers Of the United States
Was il TO awe this people into submission
| He would tell the court that he had takeI
a step which would create the greatest an'
most profound sensation throughout th'
entire country. 1t was a mSst extraoF
binary proceeding and he was, therefore
compelled 10 ask the court 10 explain tn
circumstances.
| Judge Hunter said that he had alread,
informed Mr.. Yerger that he apprehende,
violence, and such had been stated on tn
streets and in the public prints, and it ha,
been stated that he was liable TO be assas
sinated in court.
Mr.. E. Yerger said he had motion {,
make which he would read 10 the court.
State Of Tennessee as. M. c. Gallawa,
and w. H. Rhea On this day, Febrsr.
3. 1868, upon the further hearing Of III
above cause before the Hon. VIM. Hunter
Judge of the Criminal Court of the city @
Memphis, upon charge of eon.empt,
number of armed soldiers of the Unite
States appeared in court and were ordere
10y the court to take position in court, an
accordingly did take position in the com
room, and did take control of the cour
room al its doors and entrances and eH
clude the Sheriff ofShelby county, Tennes
see, from control of the court room. An
now comes the counsel Of defendants an
moved the court 10 dismiss the said aTme
soldiery from the court room, and that Tia
said court room be delivered over into tn
possession of the Sheriff of said county {
shelby, and further, that the court sho'
how and by what authority the said arme
soldiery is in possession Of said court roor
and why they are in attendance.
Judge Hunter said he was not aware thl
the Sheriff had been excluded from lh
court room, neither had that officer bee
interfered with in the discharge of his dT
ties. The soldiers we're there at his II
| quest, and such exhibitions we're not ur
! usual il certain exigencies required. II
, contended he had right TO take the cours
, he had done. He had proper reasons fc
the course he had pursued.
Col McRae wanted 10 know on what al
thority he based these reasons.
Judge Hunter again reiterated that sue
. exhibitions were not unusual in a court
Justice. and be again defended the course
had taken, and that the court had certai
discretion in the matter.
Col. McRae said that the law was Gle;
and distinct on the subject. The milital
in the United States we're under the con
mand of the President, the Commander-il
D Chief, and the State troops are nlllltis und
command Of the Governor. The rule