Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-04-20
LAW
Bartlett Circuit Gourt-ssY Judge.

8LNa aHAh GaA EadA G-aHA- fN.NH aaaAHa
TUESDAY, April Is, 1871.
Editers AppsdL-I wrote you yesterday
with q memoranda Of proceedings Of this
Court. In the afternoon session 9th
Victor E Mikstts was convicted ofIarceny
and period fixed by jury two years in
the p-euitslCisry; Benjamin Blackburn
(colored) was tried and convicted Of grand
larceny, and verdict five years in the
p~eniteubiarV.
No. 235, State VS. Stephen Taylor and
Winston Alexander, indicted for hog
stealing, has been on trial all the morning
and viii probably consume the remainder
Of the day. Cases where parties have
been in jail ars given preferences by the
Court, and the trial Of these cases viii
take up several days.
Respectfully,
J. MoBROOAs, Clerk.
"WEDNESDAY, April 10, 1871,
235, State docket-5tsts VS. Winston
Alexander and Stephen Taylor (bOth
colOr5dl, on trial 18Th, jury, after being
out several hours, returned and reported
that they were unable to agree and by
consent of defendants counsel q mistrial
was entered and jury discharged. This
morning the case 49 trial docket. Ben.
Hart vs. OyeTton ClsEt0n, is occupying
the attention Of the Court. Is o as
this case is disposed of 22I, State vs. Sam
Mullins, larceny; 90, State VS. Alex.
Craig, larceny; 236, State vs. VIM. Hicks,
horse stealing 247, State VS. Wash Hog,
alias Wash Graham, VIII be called for
trial
State vs. VIM. Hicks. tried-verdiet,
gully, and the jury committed the pun
ishment from hanging TO ten years in the
J. MoBROOKs, Clerk.
U. S. Circuit Court-EmmOns, Judge.
Riddle, Coleman & Co. vs. Pillow & Muir
ply.
had hoped to decide the motion for 8 new
trial at the present term. I did not K
pect TO ind time to examine the extensive
snd learned briefs submitted, for I have
had but few hours in all when not actu-
ally engaged with duties on the bench.
Ny expectation Of an early decision was
based upon an impression that a careful
review of the testimony would show it
did not support the verdict in full, and
the rejection of the application upon the
grounds or surprise and newly discovered
evidence, I should put the plaintiffsstO
elect whether they would reducs the
damages or suffer 8 new trial. All the
time I could command have devoted 20
this subject, auC And myself somewhat
disappointed in the results OF this ansly.
sis, and may be forced to 20 more st
length into the other grounds, which,
although in the argument they did not
Impress me f%svOrsbly, may still, in a
more deliberate Investigation, be found in
degree sus 3inRbls. The case is one
of too much Importance for me to dispose
1t against the defendants while L have
any doubt whatever as to the prOpriety of
doing so. Reluctant as ] am TO delay the
plaintiffs, after 8 fair trial and verdict On
foil argument, I am entirely without
doubt that I am acting IN conformity with
duty IN retaining the motion TOR Consid-
Grafton.
Judge Emmons made the following
order yesterday: Ordered, That papers
fled in this Court shall be Endorsed on this
back with the number Of the case, the
of the Court (thus; United States
Circuit Court, District West TENNESSEE,
the parties to tho suit, their names, the
designation Of the paper fled, and at the
bottom the name OF the attorney filing
such paper, or such party may present
such paper TO the Clerk without any In
1orsement thersola, and the Clerk shall
the same, rs above, for which he
shall be entitled TO charge fee Of twenty
five cents. Dispositions shall hsve added
Immediately below such designation of
paper q list OF the Witnesses, and the page /
opposite each name sc which the testi- l
sony Of such witness commences and