Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1871-11-30
Circuit Court.l
Lincoln County, Tenn, November
Term, 1871.
A. F. Driskell -cs. VIM. Ashworth,

y
A. F. Driskell -cs. VIM. Ashworth,
Islander.
In this cause the undersigned
parties agree upon the following
terms of compromise of the a.
bove suit.
defendant Ashworth ad-
mits that Plaintiff Driskell has ia
ken the dispositions of witnesses
which are now on file, in the
cause, and constitute part of the
record in the cause, amongst the
number Archibald Mckee, who
testified as follows: ~
81 heard Mr.. Ashworth (mean.
ing defendant) speak of bacon be-
ing stolen from him, | heard him
say that Driskell had negroes a.
bout him stealing, and he (Dris-
kell was concealing for them
1t was in July, 1870, that l heard
him say this" n 81 heard
him use that language more than
once in speaking of Mr.. Driskeh.
That Margaret Mcdaniel in her
deposition testified = "When l
came from the burial | stopped at
my mothers, Mrs. McKee's, land
defendant Ashworth was there
just as was going into the room
from the passage, heard defen-
dant Ashworth say--"that old
priest or hypocrite was praying
over the cLild, and harboring ne:
groes at home, and them stealing
and he protecting them in it. -
VIM. I'll. Simms testified as fol-
lows-"I heard Mr.. Ashworth sag
that A. F. Driskell knew that
the negro Andy stole his ba-
con, and yet kept him protected
or defended, or har bored him. i
can't say this is the exact Ian
guage, but something to that effect,
he might have used all these
terms or only part. l think [
may be safe in saying | heard
Ashworth use that language as
many as three times. | think in
the summer of 1870, or fall of
the same year, l am sure it was
before the bringing OF this suit"
Elizabeth Beverly testified as
follows--Ashworth said on the
7th day of Sept, 1870, "that he
would not ride that far to hear
such man as Driskell preach
that he would uphold a negro in
stealing. Mr.. Ashworth further
observed that he (Ashworth) knew
that Driskell must know that An
dy stole the meat, and that he
Driskell was o neaner man than
Murrell ever was"
While defendant Ashworth
does not question the honesty OF
the foregoing witnesses in their
respective statements, of their rec
objection Of his language, in JUS
tice to Mr.. Driskell as we'll as to
himself, and to do justice to said
witnesses in like manner, he here
declares that he did not intend by
anything he might have said, to
charge said D,fskeU aciM the crime
Of stealing bacon, nor did he then,
nor does he now believe that said
Driskell was guilty of stealing
bacon. Nor did he intend to
charge said Driskell with har-
boring said negro Andy or any
other negro, knowing him to be
guilty of stealing bacon, nor does
he now believe that said Driskell
was guilty of harboring said ne.
groes, knowing that they were
guilty of stealing bacon--and
this he states without mental res.
ervation.
And while he has been candid
in making the above statements,
for the justification of Mr.. Dris-
kell, he claims a concession of
justice to himself to state, that in
the use of the above charges re-
ferred to by the witnesses, he
meant to complain of Mr.. Dris-
kell for his defence of the negro
Andy before an investigating com.
mittee, or jury of neighbors, on a
charge which was made against
Andy for stealing bacon--and in
the use of the words protecting
him in it," Ashworth orly
intended to complain of Mr..
Driskell for keeping him employed
on his place, and not for screen.
ing him from prosecution at law.
O. The defendant Ashworth
agrees and binds himself to pay
all the Court costs which may
have accrued in the prosecution
| of this suit.
Sit is further agreed between
the parties that the foregoing
shall become the judgment of the
Court, and shall be final settle
ment and bar to any other, oil
G,rtbor nrocoodin0 connectpd with