Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-31
HONORABLy ACQUITTEE.


Yesterday morning, the Criminal Court
room was crowded with members of the
bar, lookers-on and interested persons,
anxious to hear tho case of Hon. r. r.
Butler, charged with forgery. Judge
Wylie appeared in court at 10 o'clock, and
the court was opened. Hon. r. r. Butler,
with his counsel, Messrs. Davidge, .Riddel
and III. III. Miller, entered and took seats
within the bar Messrs. Fisher and Har-
rington appeared for the Government.
The Court inquired if the Government
was ready to proceed, and received an af-
firmative answer Judge Fisher, in brief
address, recited what they expected to
prove, and was free to confess that the
Government would rather fail honestly
than that the accused should be convicted
if he was not guilty, and would be a great
deal better pleased if Mr.. Butler establish
ed his innocence.
Mr.. Davidge, for the defense, said they
would admit all the prosecution claimed,
but would prove that all that Mr. Butler
did was by authority, both verbally and
written. He had power of attorney to act
in the premises, and they intended to show
him innocent. He was glad that their
client had that opportunity to vindicate
himself from the calumnies heaped upon
him.
By consent, the Farmer case was first
taken up, and Mrs. Berthemy Farmer call
ed to the stand. She testified that she
never gave power of attorney to Mr.. But
ler to act for her, and that she never sign
ed the papers alleged to have been signed
by her, among which was her application
for pension and other papers.
She was cross-examined at length by the
counsel for the defense, and among others,
was asked the following question
@. Did you or not tell Colonel Grayson,
last fall, at your house in Ashe county,
North Carolina, that SwartZ told you that
If you would swear that you had not au-
thorized Butler to sign the check that he
would pay your money to you, and that
YOU might make up with Butler if he
would give you $500.
A. No, sir. | can tell you pretty much
about what said to Grayson. This 'ere
Brooks came after me to come to Bristol,
and told Brooks that was not coming;
that SwartZ told me / needn't go without
he came after me himself or sent after me,
and l told him l was not going unless |
knew Mr.. Swartz had sent. Then Brooks
started off and met Ed. Grayson, and he
and Grayscn came back to my house the
ne1t % day, and l told Grays0n the same
words, and nothing more. There were
people by and heard the same as me. 1t
was associations times,n and there were
lots of folks by.
After short recess Frederick VI. Clarke
was sworn. He testified that he was q
clerk in the Interior Department, and that
il was usual to send persons applying for
pensions paper of interrogatories which
had TO be answered and sworn to; that in
that case be inclosed the questions and
sent them to Sarah Tyler, Postmistress,
Horse Greek, n. c., directing her to give
them to Berthemy Farmer, and to get her
to oneuer them: in that case the next
time he saw the papers they were handed
him by Judge Metcalf, Chief Clerk. Inte-
rior Department, with the questions an
swered and sworn to; the application came
back in the regular way.
He was cross-examined by Mr.. Davidge.
Judge Fisher stated that the prosecution
would there rest their case.
The defense then called Albert G.. DON
nelly, who resides in Taylorsville, Johnson
county, Tenn, where the power of attor-
nsy was given in his presence, as also in
the presence Of seven witnesses. He testi-
fed that he was q notary public, and drew
up the paper at the solicitation OF Mr.. But
ler