Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-27
THE HARMON CASE.
4 Card FROM col. john Baxter.


To THE PUBLIC: Senator Brownlow's
speech, delivered few days since in the
United States Senate in favor of the bill
for the relief of Mrs. Harmon. deserves a
passing notice at my hands. 1t is false in
its suggestions, and unjust to ome in its sup
preston of important and material facts,
as the following brief statement will serve
to show:
In the fall of 1861, fhe Federal military
authorities-then in X entucky-in antici-
patton of an advance into East Tennessee,
commissioned two gentlemen and sent
them through the rebel lines with instruc-
tions to organize detached forces of citizens
and destroy the bridges on the line of rail-
road extending from Chattanooga to Bris-
tol. In accordance with these instructions,
most of the principal bridges upon this line
of road were burnt on the night of the 6th
of November, 1861. Mr.. Harmon, in con-
nection with his two sons and half dozen
or more of his neighbors, assisted in burn
ing the bridge across Lick Greek, in Greene
county. For this, he and they were ar
rested and tried, not, as Senator Brownlow
would have the country understand, by q
"Clrispt-hedCln cOurt-martial, but by regu-
lar military court, organized and sworn in
accordance with the rules and regulations
for the government of the armies of the
Confederate States. He was furthermore
sued by the railroad company for 100000
damages alleged to have been sustained
in consequence of the destruction of it's
bridges and the obstruction of its business,
which the loss of its bridges oceasioned.
In this exigency he needed professional
assistance offered to employ Haynes,
Baxter and Fleming (of which firm was
Thornburgh. Had ] refused my services
under the circumstances, to a man whose
life and property, as well as the life of his
two sons, were all at stake, / would have
disgraced, as think, the learned and hon
oraDle profession to which belong.
have never, in all my professional
career, failed, when requested, to go to the
relief Of a citizen thus imperiled. i did as
much and more for Senator Brownlow, for
which have as yet received nothing but
periodical installments of malicious de-
traction.
Hence, in connection with my partner,
Mr.. Haynes (now of Memphis), and Mr..
Thornburgh, and upon Mr.. Harmon sown
Urgent entreaties, / undertook to defend
the civil suit that had been instituted
against him by the railroad company for
500, 900 damages, and to defend him and
his two sons before the eourt-martial. My
first effort after being retained was to visit
Richmond, Va, and endeavor to have his
and his sons cases transferred from the
military to the civil courts of the country.
1t was during this visit that Iprocured the
passport under which Senator Brownlow
was ultimately able to pass the lines to find
shelter and protection under the authority
of the Federal Government.
This trip alone cost me more than 500,
no part of which has ever been returned
to me. But, failing in my effort of getting
transfer of Harmon's case from the mill
tary to the civil courts, entered vigorous
ly upon his defense. So did my partner,
Col. Haynes, and Mr.. Thornburgh. The
parties were tried separately, each trial
consuming about one week. We were all
present every day; examined witnesses,
argued questions of law and evidence, and
concluded by an elaborately written argu-
ment, which, though acrttters by me, was
the joint product of all the counsel engaged
In the defense. But it was unavailing.
Harmon and hie two sons, and four of his
neighbors, were convicted and sentenced
to death, OF these, Haun, Harmon and
one son were executed; three others and
one of Harmon's sons were saved and
saved by the active efforts of myself and
associate counsel. 1t Is not true that young
Harmon died in prison, as alleged by Sena-
tor Brownlow. He knew his statement
untrue when he made it. Nor is it true
that he afterward died of disease con-
IfacLeQ WING III Prison, rs Is TeclteQ IN the
preamble to the bill passed for the family's
relief. The civil suit was finally abandon
ed by the railroad company. Such was
the character, extent and results of our Ia
bOrs.
For this service, Harmon executed to
81 Haynes, Baxter & Fleming note for
2O00, and to Mr.. Thornburgh note for
81, 900. To secure these, he gave deed of
trust upon his real estate, worth then and
now, not less than SIS, 900.
1t has suited the malice of Senator
Brownlow and others always TO refer to
this deed in trust, executed to secure debts
to Col. Haynes, Mr.. Fleming, Mr.. Thorn
burgh and myself, as mortgage TO John
Baxter, whereas it was as much for the
benefit of the other parties as for myself
I had no interest in the note executed to
Mr.. Thornburgh. He was practicing alone,
and made the charge and accepted the note
for himself alone. Under the terms of
partnership between Col. Haynes, Mr..
Fleming and myself, Col. Haynes was en-
titled to $500; Mr.. Fleming Sa00, and the
balance of the 81, ,0O0-note executed to us.
So, the reader will see that was only en-
titled to. $500 out of the $4,000 secured by
the deed in trust in question. This deed
was executed 10th December 1851, and by
its own provisions, could have been fore
elosed BY sale, IN bar Of The Tighf cf 7s-