Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-08
LAW REPORTS.
MunIeipal coari.
? P. e JUDo.

Municipal Court.
P P. FoUrE, JUDGE.
The September term commenced on
yesterday. Conditional judgments
were taken against the following gar
nishees, who failed to attend and
answer:
l.. Parker and Mrs. f. s. Valentine.
a Judgment final on sci. fl. was
rendered against w. A. Robinson *,
Co.
a panel Of twenty-four Jurors was
selected for the present term.
Ali the new cases on the trial docket
will be called up on Saturday next,
which Is motion day. ALI appeal cases
to the present term will be dismissed,
where the names of the attorneys are
not marked on the docket.
All cases specially continued at the
May and July terms (iast). will be-
called for trial on the last week of the
present term.
The following cases viii be called up
for trial, to-day:
10 Chiffon vs. WOrsham.
III Whitman ct III vs. Creighton.
1911 Nash VI McKearney.
Zl6 Hesse, Levy d co. VS. Harinstead.
~ COlsOn vs. Southern Express Co.
10 Thornton ct al vs. Kelly.
z93 Nichols vs. Alexander d Co.
307 Butler vs. Christian.
81 Mcdowell vs. White ct al.
336 Gregg L Co. VS. Green.
BAL Fitzpatrick vs. Bowman ct al.
342 Sans VS. same.
$40 Hughes VS. Smith.
339 Same vs. same.
445 Page vs. Hesse, Levy & Co.
457 Wheian VS. Carter.
476 Dashiel Us Curtin ct al.
4o5 McDOnOugh VS. Mclean ct al.
4J0 Tate, Able Il Cows Grace.
49I Smith Ell al vs. Stratman.
5O2 Williams ct al vs. Guest.
81 Same vs. Davidson.
557 Allen 81 Bro, use, etc, vs. Frayser.
500 Kottard vs. Lyden.
$50 StOckley VS. Ebberts.
59l HenuerSOu vs. NJ. d A. r. Packet
Company.
COZ Norris vs. Steinkuhl.
607 Reed et al VS. Nathan.
90 trayser ct al VI Herman.
$50 Laurent vs. Gallena.
631 SzerenZi vs. Aekerman.
642 Page VS. Hes5e, Levy & Co,
The Dickens habeas corpus case
came up Tor further hearing On yes
terday, pursuant to continuance, be-
fore Judge EOute. Col. Bullock iled
and read the following affidavit for
continuance IN behalf OF the State.
Before Hon. g. p. Foute, Judge Munich
pal Court. Ex parte Thomas Dickens,
habeIs corpus.
John Bullock makes oath that he l.
one OF the attorneys representing the
State in this behalf, and appears also
i'll this Court at the request Of Hon. l..
Is. HOrrigan, Attorney General OF the
Criminal Court Of Memphis, that the
state cannot safely proceed to trial on
the application for bail, on account of
the absence Of u j. ID. Wilson, who
Is a material witness for the State,
that atiant knows OF no other witness
by whom ne eau prove the anne facts
he expects 10 prove by said witness;
that said witness Wa present in the
Criminal Court Of Memphis at the
last term thereof, when this a wa
called up Tor trial; that on the same
day, atIer the trial was continued
until the next term Of said Court, this
aihant caused a subpoena TO be issued
Tor said Wltnes to appear at the next
term OF said Criminal Court athat said
witness IS a resident o fShelby county,
Tenn, and has temporarily left the
State Of Tennessee ON a visit through
the North; that said witness stated to
affiant that he would return to the city
OF Memphis between the 18th and 10Th
OF September, and atiant expects that
rho AFafn will h1 x~a rFa hnr,.4f4 - hs.
testimony by that time. Atiiant states
that from the date OF the finding Of.
said indictment until the day said
aus Vas called for trial in the Crimi-
mai Court, that said witness was on
hand ready to testify in this cause;
that he lett the State before the writ
OF habeas corpus in this case was sued
out and from thence, hitherto mas been
and still Is absent from the State, and
during all that time beyond the reach
vi Il subpoena Of this EOurt. Afiant
states that this application is not made
tor delay, but that Justice may be
done; The State witness is absent
without the aid or procurement Of the
attorneys TOR the Stale. Affiant further
states that the State expects to prove
by said witness that on the day of the
alleged homicide the said witness
heard the defendant, Thomas Dickens,
say that he was looking for the de-
ceased, Wade Bolton, and intended TO
shoot him. This is the first applica-
ton for a continuance on the part OF
the State. At1iant prays that the
hearing of this cause be continued
until such time as the attendance and
presence of said witness may be OBJ
tained. 4 subpoena tor said witness
is now in the hands of the Marshal Of
this Court. JOHN BULLOCK.
subscribed and worn before me
September Z, 1869.
X. F. BOSWELL, D. c.
Judge Foute informed the counsel
engaged that he would continue the
case until the 10Th OF September at 2
o'clock pm, when he would hear the
Investigation unless prevented from
so doing by the order Of a superior
tribunalr 1t seems to be understood
that counsel on behalf of the State
haveapplied to the Judges of the Su-
preme Court for a writ of s~upercedeas
to prevent Judge Foute from further
investigating the case, On the grounds
Of want OF jurisdiction.