Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-26
TIE noxY mUnDEn oAsr.
Fult Particulars The Case Su5-
HniIted.

ne depot with load of com, expecting to
nd a car awaiting him there. Finding
% car there however, and feeling that
he did not get the corn to Nash
lille by the next day, his honor
vould be forfeited, he became very
much irritated John Doxy, the agent,
vas not there, but his clerk was. winners
Iccused Doxy, to his clerk, OF lnconpe,
ency; said that he would not have missed
getting a car the next day for tity dollars
n gold: and further charged Jonn Doxy |
With keeping a house ofprostltutlon, whlcn
vas SO notorious in the neighborhoou that
40 decent lady ought or could come there |
a,id retain her self-respeet. He further
5old the clerk to tell Doxy what he
had said-that he had nothing to
retract and that he was going
to return 10 the depot the next
day. The next morning, about 8 O'Clock,
John and Samuel Doxy came to the depot
and were informed of what had occurred
the night before. Evidence was intro
duced tending to show that the Doxy
brothers prepared for the conflict, and that
a difficulty was generally apprehended by
persons in and around the vicinity Col
w. arrived at the depot with another load
of corn. As he came up, he spoke pleas
antly to the two Doxies, saying, Good morn
inc gentlemen. At that time they made
no demonstration of attack. Witnesses
testified that II was easy to see that
Witbers was unarmed. He passed on to
the depot and unlOaded his corn. Iesn-
mony was introduced, going to show that
Witherswas examined either by Sam Do1y
or his friends. to see whether he was
armed or not Having mloaded his corn,
Withers. apparently in good humor,
passed down from the depot to the store
house, on his way home. Here he asked
the clerk of J. Doxy when be could get a
car, and receiving the reply, turned ana
started home. when lie was stopped by
John Doxv. who asked him what ne
meant by abusing him Ike he did last night
Sam Doxy at that time also came mp,
and said. That is right, John; make
MIN explain. Withers replied to J. Doxy
that he supposed he had heard what he
had said: that it was true, and that he had
nothing to retract. Sam. Doxy then
smoke IN and said, ''If you say my brother
keeps n tisorderly house, you tell damned
| lie Withers at once sprang at HIM, with
| his left hand stretched forward and ught
hand doubled to strike. Sam. Doxy CON-
menced firing with his pistol almost mme.
/ fiatelv, while John Doxy turned to ge'
| his shotgun. Withers Teceded back,
dropped his hands by his side, but made nc
| demonstration or sign of advance after thI
| first shot by Sam Doxv. Withers was shot
four times. and fell at the third shot. A.
he fell he exclaimed Would you shoot az
| nnorruad man I am ruined; oh, what vii
become of my poor mother DE was sho
| once after he had fallen. Further evidence
was introduced in the trial of the case, 60
| ING TO show the character OF the DoAIe'
| and of Withers for peace or violence. INT
Indictment charged both DoUes as benz
| guilty Of murder in the first degree. A'
this charge they put in a plea OF not gulIt'
and of self-defence.
| An able array of legal talent ap
neore1 both for the State and the accused
The prosecution was represented by AT
tornev General I. c. Mulligln, and also h7
10 &. Child. Terry H Cahal and J. j
Turner: the accused by X. A. Bennett
Jobn W. and c. r. Head and VIM. Is
Bate.
| We have never seen a more NSorou
nrosecution OF q more able defense. IN
/ evidence closed on last FRIDAY evening
and the speaking commenced Satufda;;
/ morning. The case was opened on DGlla !,
i II the State by the Attorney General,
| Q. Mulligan, who ably set forth the iac'S Q
the case and the law applicable to the same
He was followed by Mr. {. IL. Heal
4 behalf of the accused.
Mr.. Head, although young man. &C
united himself with credit. lie showed
thorough comprehension of the law an
Facts. and did full justice to himself an
MS clients.
| Col. Child spoke in reply on Monda
morning. The character Of this gentiem6al
AZ a criminal advocate Is already known Ia
md wide. and in his speech he came iull
I'D TO his reputation.
Mr.. Il. A. Bennett followed HIM IN on
OF his usual happy efforts
Mr.. Terry II. Canal, member oil IN
Nashville bar. replied next, on DenaIl
| he State We had never heard this ger
! -Iemau before. but think that your CIT
| 5hould feel truly proud Of him. HI
I snascl, vas a master piece OF argl
| nent Logical. analytical and convincing
with 3. manner which showed INN 10 l.
terribly IN earnest, he at once invited I'll
tttention of the jury. His discussion
he law and facts could not be surpassed
His depupciation Of the Doxies WAS teri
| Bile. his yindicatiOn of the character OF 20
| Witbers from the aspersions cast upon
was grandly eloquent, while ms descI III"
Of tie dying scene, when Col W. e.
claimed What viii become OF my poo
mother" brought tears to the eyes OF q
who heard him. If this speech Is an moe
% his ability, he has a brilliant future ID
fore him
Col. Head replied for the accused "
. listened to his speech with great lnle
sst II gave 10 the Judge a clear concepuc
If the theory Of the defence. The markt
! attention which they gave TO him SHOVE
2 | hat il had its due weight and effect 20
Il, NAV congratulate himselfuPon compile
success in bringing ont the merits OF Il
5 ease for the accused, in presentingthe fac
/ and applying the law 10 the same. IL
case was closed for the deien,
by Gen. W. b. Bate. You kno
Ue people of Sumner claim tn
K courteous gentleman and gallant soldle
. sltbougL he has settled in your midst, v
were anxious to hear him, for we had hea
e him in DAYS before the war, when he re
resented the State in criminal prosecution
: Wa knew him TO be able, talented al
5 gifted to a high degree. But If our eXpe
tations we're great, they were tully III
: BY his speech for the accused
Il this case. In his argument Sd clear al
powerful. and at the same TN
SO beautiful in fancy and la
guage, We could almost see the verdi
Of Not Guilty. If the General ma
y no other speech he might safely rest
{ reputation as n lawyer, and criminal q
: vocate, upon this one.
d He was followed 10y Col. J. J. Turnt
: who closed the case. When Col. IurI
q rose we felt that the scales IF justice we
\ trembling in the balance; but he had Z
le spoken long before we realized that he
= fully equal TO the occasion. de car
" souarely up to the issues involve
II aud. without attempting anythi
ii like display, made one
n- the most intensely interesting speech
"a which we have ever listened. lie +
atsJ the facts on his side Of the case IN
~ ] minds Of the Jury with logic we have :
. | dom heard equalled, aud applied the !
as tn the same in such II lu2nner that not G
N. Of them could mistake IFS meaning. Sial
"A inc as he does, at the head Of the lie
10 nr5tassion in uur county, he may well
n proud of this effort.
" The case was given TO the jury by
he Judge late this evening, and no verdict
= as vet been rendered. Whatever the
nj oision may be. we feel assured that
al cnunsel both for the State and the accu
ne have done THEN whole duty. The PEG
here await the decision Of the case "
much interest. In fact no case IN
courts Of the county has attracted m
Of attention than this one for numhe
at years
&c ---
be- rhis I.nYngraph NOt InIcndesl I