Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-04

The Trial OF Edward ScruggS upon
n Charge of Assault with Intent
90 Commit Murder i'm the First De-
gree.
This cause was heard yesterday before
Justices Brien and Hinton. Col. VIM. G.
Brien appeared for the State, and Gen.
VIM. b. Bate, Judge Guild and Col Baxter
Smith, for the defendant
VIM. Tillet, the prosecuting witness, tes-
tilted that he was at the Fair Grounds on
Saturday, the last day of the Fair; he saw
the defendant and young man, Davis,
standing talking some ten steps from him
saw defendants hand on his pistol and
heard him say TO Davis, 1T wouldn't take
that Clipping his fingers to make me shoot
the top of your head off " Witness told
Sawyers, who was by his side, to go
and take Scruggs away, that he
would shoot or cut somebody as he
was about to get into a difficulty with
Davis. Sawyers went and brought Scruggs
away. After they had passed witness he
heard Scruggs say that 1illett had made
half dozen appointments to redeem some
stock Of Tillett's which Scruggs had. and
he had not done so, and defendant and
Davis were quarTeling about some
money that defendant owed to him and
wanted him to give him the money
coming from IIllett, but he couldn't do it.
as he would need more stock Tillett said
mo, Scruggs, 1 only made one appoint
ment, but could only raise 1915 of 1t, and
couldn't raise it all. But if you viii keep
your agreement, 1 Will mine" Scruggs put
his hand on his pistol and said DO you
said, mo, l do not. and don't intend
to have any; that he and Scruggs
could settle their business at some
other time. Scruggs kept his hand on his
pistol and began to draw it out. Tillett in
quired if he was drawing his pistol on him
Scruggs made no reply. Tillett inquired
again and again, when Scruggs sEatched
out his pistol, leveled it at Tillett, saying
That's my fix, and fired. Tillett endeav-
ored to grab the pistol but couldn't get it,
and Tillett was shot through the arm and
side. After he was shot he threw Scruggs
and struck him twice, when he was taken
off and got in a hack and came to town and
had his wounds dressed and went home
Scruggs was not friendly to Tillett before
this difficulty. Tillett was confined to his
bed some time. and the wounds had not
entirely healed yet.
Thomas Baker, witness for the State. de-
posed At the Fair Grounds before the
difficulty between Tillett and Scruggs.
about l o. lock, Scruggs came to him and
wanted to borrow pistol.
John Sawyers testified that Scruggs
came to his house on the Sunday after the
difficulty and told him that if it had not
been for Willis Sawyers' knocking his arm
he would have shot Tillett through and
through that he was sorry for it and acted
in self-defense.
Willis SawyeTs coTrobOrated Tillett.
Joseph Sarkinton took Davis away and
afterwards went to where Sawyers, Scruggs
and Tillet were talking, and his testimony
from that time was about the same as Til
lett and Sawyers.
Mr. Brien announced that he would rest
the prosecution here for the present.
Counsel for the defendant said they would
not introduce any testimony. Mr. Brien
said, then the court can decide without ar
gument. The counsel for the defendant,
after consultation, agreed that there should
be no argument.
The court, after consulting, required the
defendant to enter into bond in the sum Of
81, 900 for his appearance at the next term
of the Criminal Court, to answer the State
upon the charge of assault with intent to
commit murder in the first degree, which
he gave.