Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-06-20
An Appeal to the Supreme Court.


HIS HISTORY r.rFI z. a
made known, we will state that Nicholas,
ia December of last year, left home before
day for the purpose Of going to Springfield,
and was never more seen alive. June
passed on, and though diligent search and
frequent inquiry was made to ascertain
HIS FATE, ~
still it remained profound mystery, and
no one ever knew what had become of the
missing man until about two months and
a half subsequent to his leaving home. But
as we propose TO give this in regular con-
nection as related on
THE TRIAL
it is best to defer it and speak somewhat of
the parties who have been convicted of this
charge in the Circuit Court of Robertson
county, his Honor Judge James E. Rice, Of
GAINESVILLE presiding.
THE ACCUSED --.--s
are men Of good standing, and perhaps no
act of them in the past would have aroused
in the hearts ofthe community any suspicion
as to their being the perpetrators of the
greatest crime known to the human law,
whose arm is no less the protection of the
innocent than the punishment of the guilty.
POOLE AND MAHAFFY
lived one-half mile from Nicholas, his
house being about equally distant from
theirs. Hiram Poole is about fifty years of
age, has an interesting family, consisting of
a wife and several children, some of whom
are grown. Calvin j. Mahaffy also had a
wife and children, who are said to be pleas
ant and agreeable people. Their homes
were near Greenbriar Station, on the Edge
field and Kentucky railroad. Though the
accused and deceased, as above stated, were
near neighbors, yet they were not on speak
ing terms. For two years or more
AN ENMITY
had existed between them, severing all So
cial intercourse and producing relations as
unpleasant as the results which, if estab-
hshed by evidence, are most damnable and
horrid. - --.-a--.
THE FEUD n @
originated from certain transactions relative
to real estate between Poole and Mahaffy
on the one part and Nicholas on the other.
When removing to Greenbriar Nicholas
purchased from Poole a tract of land, part
only of which was paid for. Poole and
Mahaffy had some other transactions with
Nicholas who claimed, to a certain extent
"set-Otfs" TO the land notes on Poole's part
in regard to a wood transaction with Ma
hatiy. The result of this was a suit before
Justice Braden in Springfield, Saturday,
Nov. p, 1871. At this trial as was proved
by evidence in the Circuit Court, much
vITUPERATIoN AND ABUSE
was INDUCED in by Poole and his witnesses
against Nicholas, who had but little to say,
ather than give his testimony, the truth of
which testimony was attacked by Poole
on Mohaffar ,F thoiv 60, 4
other witnesses. Despite this traduction,
Nicholas successfully maintained his suit
and obtained judgment of $50 against
Poole. The case against Mahaffy was
postponed until the following Friday, the
first Of December. On that day the trial
did not conclude until almost dark, in con-
sequence of which, there being completely
in the case Squire Braden declined that
evening to render his judgment, reserving
the same until 10 o'clock Monday morn
ing, at which time he babe the parties
return. The parties litigant left, Mahaffy
and Poole returning home together, while
two grown SONS of Poole, remaining at
their Uncle's house near town, so as to re-
turn and hear the magistrates decision the
Monday following. Sunday evening, one
Tom Crutcher, a witness and neighbor,
passed from POole's by the house of Nicho-
las, whom he ascertained was going to
town Monday, and then passed on by Ma
haffy's to his home. The Saturday morn
ing previous Nicholas had started to Spring
field to attend the trial of his law suit,
leaving home some two hours before day.
THE ROAD
along which he travelled was the main pike
to Springfield, distant nine or ten miles.
This was the nearest and most convenient
route he could pursue. Whether
APPRENTICESHIP OF DANGER
from Poole and Mahaffy was a matter Of
argument in the trial, and remains as yet
unknown, as no voice of The murdered man
is here 10 tell the story, which would
thrill with horror the hearts of all who
heard. When his wife awOke that morning,
two or three hours before day, she found
her husband .
WALKING THE FLOOR
of his room in a restless manner. From
this it is inferred, how true we know not,
that his mind had been so perturbed by
horrid forebodings, that slumber could no
longer be enjoyed. Poor man, be little
knew that ere another day dawned on earth
his life would be no more, and that alone
and hidden from the eyes of loving ones,
he would be sleeping that sleep which
knows no waking. His wife arose from
her bed and prepared her breakfast, after
partaking of which Nicholas left home half
an hour before day, as he had done Satur-
day before, and started on foot for town,
which he never reached. Nicholas passed
the house of James Munley Immediately
on the pike leading to Springfield, and
spoke to this gentleman's wife. This is
THE LAST TINE
he was certainly knOwntO be seen Slive,
thoughanother witness, j ohm Mays, testified
that he recOl.eCted to have seen him little
before day
MAR A RAILROAD CROSSING
two or three miles distant from Mundley's
house and further on towards town. At
ten o'clock that Monday morning Squire
Braden delivered his judgment in the case
in favor of Nicholas. Poole was present but
Nicholas was not, for he was
DEAD.
Poole stated TO the magistrate that Mich
olas had gone off on the train that morn
ing. PoOle's sons, who had been at their
uncle's since the Saturday following, came
into town that morning and left for home
with their father in
A ONE-HORSE WAGON
which had been borrowed from negro
neighbOr named Dick Love. This wagon
figures conspicuously as will be shown in
the evidence of the case. Nicholas was
NEVER MORE SEEN
or heard of after that Monday morning, and
his vile and children were almost distracted
with grief over the long and unexplained
absence of husband and father. Both
Poole and Mahaffy were busily circulating
reports thai Nicholas had gone
BACK TO THE OLD COUNTRY
and would never return, having left to keep
from being indie ed for perjury because Of
swearing falsely on the trial before Squire
Braden the previous day. This appears
from the evidence in the case. Mahafy's |
trial was to have come off the succeeding
Friday before the same magistrate. Ma
haffy appeared and Nicholas did not. Hence |
Mahaffy took Judgment by default against |
Nicholas. Mahafiy at that time stated that |
Nicholas would never appear against him,
that he had gone to the old country, ETC.,
and if he ever came back he would watch |
one side of the plantation and Poole the |
other, and they would put him where
THE DOGS WOULDN'T BITE HIM.
The Wednesday previous Mahafy took |